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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]
18 Jun 2024, 3:30 am
” As to the falsity requirement, NVIDIA pointed out that two circuits have held that plaintiffs can’t satisfy the PSLRA’s pleading standards by substituting an expert opinion for particularized allegations of fact, so the 9th Circuit’s decision permitting plaintiffs to do that creates a split. [read post]
18 Jun 2024, 12:15 am
The settlement payment was largely funded through D&O insurance proceeds, and the plaintiff’s counsel who filed the claims recovered a Fee and Expense Award of $4.4 million. [read post]
17 Jun 2024, 11:00 pm
’s injuries or to explain how an earlier diagnosis would have made a difference – that is, how it would have “prevented or lessened plaintiff's injuries. [read post]
17 Jun 2024, 12:46 pm
That phrase refers to circumstances beyond plaintiff's control. [read post]
17 Jun 2024, 11:52 am
In civil cases, the injured party (plaintiff) can seek compensation for damages caused by negligence through a lawsuit. [read post]
17 Jun 2024, 11:25 am
She contends that these documents are not factually related to Michael Carey's death and that plaintiff's only motive in seeking to file them is to embarrass her. [read post]