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28 May 2024, 5:42 am
Contrary to plaintiff’s assertions, the traditional modification analysis which requires mutual assent and consideration does not apply to changes stemming from a valid unilateral change-of-terms provision in an existing contract. [read post]
28 May 2024, 5:00 am
As such, the court found that these types of recklessness claims are not separate claims that can be separately dismissed under Federal Rule of Civil Procedure 12 where the Plaintiff has pled a valid negligence claim. [read post]
28 May 2024, 5:00 am
We represent injured plaintiffs around the country. [read post]
28 May 2024, 4:30 am
In employment discrimination cases where a defendant-employer articulates a legitimate, nondiscriminatory reason for the employment action, the plaintiff has the burden then shifts to the plaintiff-employee to establish that the employer’s reason was a pretext for discrimination, i.e., the defendant’s reason for, say, terminating the plaintiff’s employment is false. [read post]
28 May 2024, 4:22 am
Related StoriesThe 5th nominee for the Worst Employer of 2024 is … the abhorrent optometristIf your company just agreed to pay $2 million to settle a horrific sexual harassment lawsuit, maybe don’t trash the plaintiff on social mediaThe 4th nominee for the Worst Employer of 2024 is … the repulsive raisin-maker [read post]
28 May 2024, 3:27 am
But the appeals court let it stand, since those documents did not concern the lost customers.Cases like this illustrate how a plaintiff may allege malicious prosecution.Court Reverses Dismissal of Account Stated Claim New York courts allow a plaintiff to sue someone who receives an invoice without objecting to it. [read post]
28 May 2024, 3:24 am
" The CAFC was therefore satisfied that the appellant met its burden as to Article III standing.Entitlement to a Statutory Cause of Action The question, then, was "whether Appellant falls within the class of plaintiffs who Congress has authorized to seek cancellation of Appellees' trademark registrations under 15 U.S.C. [read post]
28 May 2024, 1:18 am
Once you’ve gathered information and evidence through written discovery, depositions will likely be requested and scheduled.Party DepositionsThe first depositions taken are usually the party depositions, the plaintiff(s) and defendant(s). [read post]
27 May 2024, 11:00 pm
PLAINTIFF NEEDED TO SHOW SHE WASN'T NEGLIGENT IN ANY WAYAs she was turning the corner at West 179th Street and Broadway (in Manhattan), E.M. was hit by a 50-foot tractor trailer operated by R.D.M.When a personal-injury case was later filed, the defendants asserted defenses of “culpable conduct and comparative negligence” on E.M. [read post]
27 May 2024, 4:00 pm
Supreme Court answered the question of when a copyright plaintiff must file an infringement claim or be barred from suing by statute of limitations. [read post]
27 May 2024, 1:49 pm
The point is, the plaintiffs’ lawyers putting out the communication are trying to find plaintiffs to represent, preferably ones with a greater financial interest in the lawsuit who are therefore likelier to win the lead plaintiff derby. [read post]
27 May 2024, 12:40 pm
After Protective denied Plaintiff’s claim for total disability benefits, Plaintiff filed suit for breach of contract and bad faith in San Francisco County Superior Court. [read post]
27 May 2024, 11:54 am
This does not defeat the plaintiffs' beliefs…. [read post]
27 May 2024, 10:48 am
However, the plaintiff challenged Dr. [read post]
27 May 2024, 8:48 am
The court also engaged in an extensive discussion of the Delaware Uniform Contribution Among Tortfeasors Act (DUCATA), and how to allocate damages when a plaintiff releases some, but not all tortfeasors, and later recovers damages in a higher amount. [read post]
27 May 2024, 8:32 am
The court also noted that the plaintiff repackaged its claim for breach of fiduciary duty as a claim for fraud, but the fraud claims appeared largely duplicative. [read post]
27 May 2024, 5:03 am
Reportedly, in December 2018, federal authorities raided the plaintiffs’ business operations, uncovering substantial fraud, which led to the plaintiffs and several related entities filing for Chapter 11 bankruptcy. [read post]
27 May 2024, 5:00 am
”While the defendants later sought to dismiss the dispute, claiming that the matter was time-barred, the Suffolk County Supreme Court disagreed, and denied the motion.On appeal, the Appellate Division, Second Department, noted that while a four-year statute of limitations typically applied to contracts relating to the sale of goods, and that the case had been filed beyond the four year limitations period (which usually accrues upon delivery), the plaintiff convincingly demonstrated… [read post]
27 May 2024, 2:56 am
A private plaintiff’s $366M race verdict against FedEx was reduced to $249,000. [read post]
27 May 2024, 2:56 am
A private plaintiff’s $366M race verdict against FedEx was reduced to $249,000. [read post]
