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17 Jun 2024, 4:31 am
To state a cause of action based on a theory of unjust enrichment, a plaintiff must allege that the defendant has unjustly retained a benefit to the plaintiff’s detriment, and that defendant’s retention of the benefit violates the fundamental principles of justice, equity, and good conscience. [read post]
17 Jun 2024, 3:52 am
" That's what Mario and Jaime Lopez, two of the owners and managers of Bianco Rosso, (allegedly) told one of their restaurant's former employees when confronting him at his new job. [read post]
17 Jun 2024, 3:41 am
These deficiencies warrant dismissal of the legal malpractice claim pursuant to CPLR 3211(a)(7), but the latter deficiency is also fatal to plaintiff’s opposition to relief pursuant to CPLR 3211(a)(1) premised on plaintiff’s execution of the Settlement Agreement. [read post]
17 Jun 2024, 3:37 am
Plaintiffs argued that New York law applies. [read post]
16 Jun 2024, 8:56 pm
In this respect, the DSC’s decision shows a degree of remarkable confusion in the using the appropriate legal terminology and understanding fundamental legal concepts. [read post]
16 Jun 2024, 8:18 pm
That should be a no-brainer, but plaintiffs alleged that AR-15s are machineguns in the Las Vegas, Highland Park, and Mexico civil lawsuits. [read post]
16 Jun 2024, 5:58 pm
In a footnote, the majority added:We are aware that the Federal Register recently published a final rule amending the Department of Education’s Title IX regulations.... [read post]
16 Jun 2024, 4:16 pm
The issue before the court was whether such special circumstances applied, as the plaintiff contended. [read post]
16 Jun 2024, 2:17 pm
There is little chance the plaintiff will prevail in this case, but the media attention on this cause will have served its purpose. [read post]
16 Jun 2024, 11:21 am
Causation The plaintiff must then prove that the defendant’s breach of duty directly caused the injury. [read post]
16 Jun 2024, 11:21 am
Causation The plaintiff must then prove that the defendant’s breach of duty directly caused the injury. [read post]
16 Jun 2024, 11:21 am
Causation The plaintiff must then prove that the defendant’s breach of duty directly caused the injury. [read post]
16 Jun 2024, 6:04 am
She states that “there was no practical administrative difficulty in recording this unpaid work of plaintiff and other similarly situated employees. [read post]
15 Jun 2024, 8:27 pm
Plaintiffs focused particularly on the mention of God in one of the statutory provisions and the legislative determination that life begins at conception in other provisions. [read post]
15 Jun 2024, 7:05 pm
The plaintiffs make their (political) focus crystal clear, arguing “Chevron’s primary victim is the citizenry because the approach “literally gives the tie to the regulators in every case. [read post]
15 Jun 2024, 5:18 pm
In contrast, A private foundation cannot make a grant to specifically fund a grantee’s lobbying activities (but see below for how a private foundation can otherwise fund and support a grantee’s advocacy activities). 4. [read post]
15 Jun 2024, 2:19 pm
The court rejected the defendants’ argument that the plaintiff’s failure to report to work constituted a voluntary resignation. [read post]
15 Jun 2024, 12:13 pm
Despite recommendations from this doctor and the plaintiff’s physical therapists, the veteran’s organization allegedly did not respond, leading to a deterioration in the plaintiff’s condition. [read post]
15 Jun 2024, 9:21 am
Plaintiff alleges that many of these images remained in Shutterstock’s content library in violation of Shutterstock’s own content policy. [read post]
15 Jun 2024, 7:05 am
Judge Leonie Brinkema granted the plaintiffs’ motion for a new trial and denied CACI’s motion for judgment as a matter of law. [read post]