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18 Jun 2024, 12:37 pm
The driver of the tow truck and the plaintiff began arguing about the repossession, and the tow truck driver eventually called the Harnett County Sheriff’s Department. [read post]
18 Jun 2024, 12:25 pm
Following negotiations between the plaintiff and the county’s insurance carrier, the plaintiff filed a complaint against the deputy sheriff and Douglas County. [read post]
18 Jun 2024, 12:15 pm
., June 17, 2024), the U.S. 9th Circuit Court of Appeals partially affirmed an Idaho federal district court's rejection of a jury's verdict against a Homeowner's Association charged by plaintiff with violating provisions of the Fair Housing Act. [read post]
18 Jun 2024, 9:24 am
This rule shall not prevent an attorney from obtaining information from(1) the attorney’s client,(2) an employee of the attorney’s client, or(3) an ostensible employee of the attorney’s client.In this case, the Court was tasked with determining whether the first exception to Rule 4003.6 (client exception) permits an attorney to obtain information outside the discovery process from one of the plaintiff’s nonparty treating… [read post]
18 Jun 2024, 9:19 am
The opinion also handles this in a confusing manner, saying the plaintiff doesn’t have standing to sue for alleged violations of that obligation because it’s linked to a violation of the identification obligation the court just said wasn’t violated. [read post]
18 Jun 2024, 8:51 am
In fact, Chicago plaintiff lawyer Mark DeBofsky’s recent blog post on the subject addresses the details of making such claims but, by the absence of any reference to case law on the subject, suggests to me we are still aways from such claims making their way through the court system. [read post]
18 Jun 2024, 8:12 am
Plaintiff ended up resigning over this. [read post]
18 Jun 2024, 8:09 am
.) -- ruling that: (1) agency properly relied on Exemption 5’s deliberative process privilege to withhold communications between certain panelists and non-panelists—all agency employees—about draft decisions, and declining to conclude that those communications were unconstitutional or violated the Administrative Procedures Act; and (2) plaintiff was ineligible for an award of attorney’s fees because he failed to establish that his lawsuit had any… [read post]
18 Jun 2024, 7:57 am
The appeals court found the enforcement of the Ohio statute to be overburdening on political speech because it “requires Plaintiffs to change their summary without any review of Yost’s decision making. [read post]
18 Jun 2024, 7:50 am
. This summer, we’ll see 13 youth plaintiffs in Hawaiʻi take the state’s Department of Transportation to court for allegedly failing to implement climate policies meant to reduce greenhouse gas emissions—emissions that increase climate risks like last year’s Maui wildfires. [read post]
18 Jun 2024, 7:37 am
The plaintiff, acting as the administrator of the decedent’s estate, subsequently initiated a medical malpractice lawsuit against the defendant doctors and hospital in May 2016. [read post]
18 Jun 2024, 7:34 am
Legal Arguments The plaintiffs’ legal team, led by Schlanger Law Group and co-counsel Terrell Marshal Law Group, argued that TD Bank’s policy of denying these fraud claims contravenes the Electronic Fund Transfer Act (EFTA) and violates the bank’s Personal Deposit Account Agreement. [read post]
18 Jun 2024, 6:54 am
April 29, 2024), the plaintiffs brought claims under Section 10(b) of the Exchange Act (securities fraud) and Sections 11 and 12(a)(2) of the Securities Act (misstatements in registration statements and offerings) related to alleged misstatements about the company’s purportedly low customer-acquisition cost. [read post]
18 Jun 2024, 6:00 am
Ultimately, the Eastern District Court permanently enjoined the Obama-era rule finding that the salary threshold increase and the mechanism for increasing the minimum salary every three years thereafter was unlawful because it “essentially make[s] an employee’s duties, functions, or tasks irrelevant if the employee’s salary falls below the new minimum salary level. [read post]
18 Jun 2024, 5:30 am
Judge Nealon ruled that the policy’s form selection clause was inapplicable under the language of the policy given that the Plaintiff’s “comprehensive loss” claim arose from the deliberate “theft” of his vehicle, rather than an unintentional “accident. [read post]
18 Jun 2024, 5:01 am
The injunction also appears to be unjustified under the California harassment order statute, which (1) expressly excludes "[c]onstitutionally protected activity," (2) limits itself to behavior "that serves no legitimate purpose," and (3) requires "clear and convincing evidence" to support plaintiff's case. [read post]
18 Jun 2024, 5:00 am
”Absent a compelling basis or “need” for the decedent’s “alcohol abuse, substance abuse, or mental health record,” the AD1 was of the view the defendants were not entitled to either that information or the decedent’s HIV records, and modified the underlying order accordingly.Notwithstanding the foregoing, it thought the plaintiff’s request for sanctions was appropriately denied, as the defendants had made a… [read post]
18 Jun 2024, 5:00 am
Plaintiff’s counsel noted that the delay was the result of mailing out the Complaint to Cambria County Prothonotary too close to the deadline. [read post]
18 Jun 2024, 4:00 am
[D]espite society’s enduring recognition of biological differences between the sexes, as well as an individual’s basic right to bodily privacy, the Final Rule mandates that schools permit biological men into women’s intimate spaces, and women into men’s, within the educational environment based entirely on a person’s subjective gender identity. [read post]
18 Jun 2024, 3:48 am
Indeed, given this Court's hostility to any agency regulations, let's just hope that these regulations survive at all. [read post]
