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22 Apr 2024, 7:25 pm by Yosi Yahoudai
“It could lay a foundation for other people behind me to have a fair shake,” plaintiff Angel Alba said Monday. [read post]
22 Apr 2024, 6:57 pm by Samuel Bray
Here is a note from the forthcoming edition of Ames, Chafee, and Re on Remedies, my casebook with Emily Sherwin: NOTE ON GOVERNMENT PLAINTIFFS IN EQUITY Does it matter that the plaintiff is the government? [read post]
22 Apr 2024, 6:28 pm by Ilya Somin
Today's oral argument reveal more sympathy for the plaintiffs' argument among the justices than I might have expected. [read post]
22 Apr 2024, 5:49 pm by Zneimer & Zneimer, P.C.
The plaintiff, in this case, failed to show that he was distracted, which might have countered the open and obvious nature of the hazard. [read post]
22 Apr 2024, 3:23 pm by Amy Howe
Stinnie, the justices agreed to decide whether a plaintiff who obtains a preliminary injunction is a “prevailing party” for purposes of receiving an award of attorney’s fees, when there is no final ruling on the merits of the plaintiff’s claim – here, because the Virginia legislature repealed the law that the plaintiffs were challenging. [read post]
22 Apr 2024, 2:04 pm by John Stigi and Kristin Housh
According to the plaintiff-shareholders’ complaint: MIC owns a subsidiary that operates terminals which store bulk liquid commodities, including No. 6 fuel oil. [read post]
22 Apr 2024, 1:11 pm by Kevin LaCroix
A plaintiff does not need to allege reliance, scienter nor loss causation to succeed on a Section 11 claim or a Section 12(a)(2) claim. [read post]
22 Apr 2024, 12:47 pm by Gerald L. Maatman, Jr.
April 9, 2024) (ECF No. 60), the Equal Employment Opportunity Commission (“EEOC”) filed a Motion for Leave to File an Amicus Brief in Support of Plaintiff and in Opposition to Defendant’s Motion … Continue reading "EEOC Weighs In On Novel Artificial Intelligence Suit Alleging Discriminatory Hiring Practices" [read post]
22 Apr 2024, 12:02 pm by Maya
Complications in Climate-Related Civil Suits Climate change-related claims introduce unique difficulties for both plaintiffs and defendants. [read post]
22 Apr 2024, 9:15 am by Josh Blackman
Two named plaintiffs asserted an injury to challenge particular portions of the law. [read post]
22 Apr 2024, 6:04 am by Unknown
The plaintiff National Center for Public Policy Research ("NCPPR") likens the operation of the rule to Jeremy Bentham's "Panopticon," a prison system featuring 24-hour surveillance. [read post]
22 Apr 2024, 5:00 am by Bernard Bell
The first, the Sixth Circuit’s “authority or duty” test, required plaintiffs to prove “state action” by establishing that either (1) the “text of state law requires an officeholder to maintain a social-media account,” (2) the defendant official “use[s] … state resources” or “government staff” to run the account, or (3) the “accoun[t] belong[s] to an office, rather than an individual officeholder. [read post]
22 Apr 2024, 5:00 am by Written on behalf of Peter McSherry
If the Plaintiff confirmed that she was resigning and would not return if recalled, then Mr. [read post]
22 Apr 2024, 5:00 am
., failed to diagnose her breast cancer, the latter sought to dismiss the litigation, claiming he was never served with the pleadings and that the dispute was now barred by the governing statute of limitations.When the Suffolk County Supreme Court denied that dismissal request (and allowed the plaintiff an extension of time to serve the summons and complaint), an appeal ensued.On its review of the record, the Appellate Division, Second Department, noted that the J.C. had only two years and… [read post]
22 Apr 2024, 4:30 am by Eric B. Meyer
One time, the plaintiff’s supervisor made an inappropriate sexual comment to the plaintiff about her. [read post]
22 Apr 2024, 4:28 am by Andrew Lavoott Bluestone
The defendants provided the plaintiff with certain financial services for more than 10 years and were retained to audit the plaintiff’s financial statements for the year ending February 28, 2013 (hereinafter the 2013 audit). [read post]
22 Apr 2024, 4:21 am by Franklin C. McRoberts
” In her malpractice claim, Ellen alleged that GSP “breached its duties and failed to comply with common accepted accounting standards and professional duties of care by ignoring the conflicts between Kenneth . . . on the one hand, and Plaintiffs, on the other hand and failed to disclose, alert or otherwise act to notify Plaintiffs of Kenneth’s fraudulent schemes. [read post]
22 Apr 2024, 3:59 am
A NYT article about a case up for oral argument today.The plaintiffs’ argument rests in part on a 1962 case, Robinson v. [read post]