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22 Apr 2024, 6:04 am
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, 5:14 am
The plaintiff hired Emergency Medicine Expert Witness Dr. [read post]
22 Apr 2024, 5:00 am
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
If the Plaintiff confirmed that she was resigning and would not return if recalled, then Mr. [read post]
22 Apr 2024, 5:00 am
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
One time, the plaintiff’s supervisor made an inappropriate sexual comment to the plaintiff about her. [read post]
22 Apr 2024, 4:28 am
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
” 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]
22 Apr 2024, 1:18 am
You know that the next thing that happens is discovery requests get served on the Plaintiff. [read post]
21 Apr 2024, 11:00 pm
DIRECTIVE PROVIDED FOR A WAIVER OF DISCOVERY IF NOT TIMELY COMPLETEDAfter the plaintiff, C.K., sought a 30-day extension of time within which to file a “note of issue,” (a document indicating that the case was ready for trial), the New York County Supreme Court denied that request, and an appeal ensued.On its review, the Appellate Division, First Department, noted that the motion court’s order had directed that discovery would be "automatically waived and… [read post]
21 Apr 2024, 10:52 pm
The judge issued an opinion with this footnote: Although it does not ultimately affect the Court’s analysis or disposition, Plaintiffs in their reply cite to a case that none of the Court’s staff were able to locate. [read post]
21 Apr 2024, 5:00 pm
The motion will likely challenge not only the standing of the plaintiff to assert her claims, but also the basis of her allegations against the plan fiduciaries. [read post]
21 Apr 2024, 2:35 pm
The defendant resisted personal jurisdiction on the ground that the plaintiff’s claim was only “about the actions of the arbitrators, not about the facts underlying the dispute that led to the arbitration. [read post]
21 Apr 2024, 8:53 am
The plaintiffs never transacted directly with Zuckerberg (or had any relationship at all with him personally), and the plaintiffs overreached trying to impose a general disclosure duty on anyone recognizable to the public. [read post]
21 Apr 2024, 7:47 am
The case, spanning nearly seven years and involving more than 20 people, including the Italian Interior Ministry who joined as a plaintiff, was labeled by Iuventa crew members as marking “the onset of a public smear campaign against civil sea rescue, aimed at legitimizing crackdowns on rescue efforts. [read post]
20 Apr 2024, 9:14 am
As the 1902 district court explained: “[t]he shape of the defendant’s bell differs from plaintiff’s more widely than plaintiff’s differs from the [prior art] door knob, and therefore defendants’ construction does not infringe the patent. [read post]
20 Apr 2024, 9:01 am
An agent can also make a principal liable to a plaintiff for the negligent acts of the agent. [read post]
20 Apr 2024, 8:23 am
Google More Plaintiffs (and Lawyers) Need To Be Reminded That YouTube Isn’t a State Actor–Divino v. [read post]
