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2 May 2023, 11:00 pm
And, on appeal, the Appellate Division, Fourth Department, agreed with that denial noting, in part, as follows:“Here, plaintiff's proposed negligence cause of action against [Patricia] does not allege that [Patricia] had knowledge of the dog's vicious propensities; instead, it alleges that [Patricia] was negligent because she did not ‘investigate the subject dog accepted from the foster care program . . . before introducing it to her property, thereby… [read post]
2 May 2023, 2:32 pm by Colter Paulson
Finally, the opinion offers “a few observations to help guide any renewed certification proceedings,” casting some doubt on the plaintiffs ability to meet Rule 23’s requirements at all. [read post]
2 May 2023, 1:47 pm by John Hochfelder
In his closing argument, plaintiffs attorney asked the judge to award $400,000 for pain and suffering damages. [read post]
Two of the plaintiffs seeking relief include the Center for Biological Diversity and the American Bird Conservancy. [read post]
2 May 2023, 7:50 am by Rebecca Tushnet
“They had no warning before this of Plaintiffs—or any other artist’s—displeasure. [read post]
2 May 2023, 6:28 am by Don Asher
These are lawsuits where the plaintiffs have the burden of proof to establish their right to have the third parties pay them monetary damages because of a breach of legal duties which proximately caused the victim’s death. [read post]
2 May 2023, 6:10 am by Phil Dixon
After some initial procedural wrangling (including an earlier visit to the Fourth Circuit), plaintiffs obtained class certification to challenge the two laws. [read post]
2 May 2023, 4:10 am by Howard Friedman
However, they are precluded from touching the prisoners by defendant’s policy that allows them only non-contact visitation. [read post]
2 May 2023, 4:00 am by Berniard Law Firm
Owens Jr. then filed a motion to vacate and set aside Kenneth’s motion for party substitution, instead alleging he should be substituted as the plaintiff in place of Patricia. [read post]
2 May 2023, 4:00 am by Anna Price
The plaintiffs in this case were California consumers who alleged that the “product’s label makes misrepresentations about fat and calorie content based on artificially low serving sizes. [read post]
2 May 2023, 4:00 am by Howard Friedman
Rejecting plaintiff's free speech claim, the court concluded that the permit ordinance is content neutral, is narrowly tailored to serve a significant governmental interest, and that there are ample alternatives for plaintiff to communicate his message. [read post]
2 May 2023, 3:24 am by Marcel Pemsel
Absent a domicile of the plaintiff in the EU, in the EU Member State where the plaintiff has an establishment (Art. 125(2) EUTMR); 5. [read post]
1 May 2023, 8:55 pm by Stephen Halbrook
  However, as the court observed, "it does not appear that the legislature considered an individual's right under the Second Amendment nor Supreme Court precedent. [read post]
Louis County Circuit Judge Ellen Ribaudo held the plaintiffs met the requirements for a temporary restraining order which includes “immediate and irreparable injury, loss, or damage. [read post]
1 May 2023, 2:39 pm by Second Circuit Civil Rights Blog
After NBME denied plaintiff's accommodation request, he sued NBME under the Americans with Disabilities Act. [read post]