Search for: "State v. Aver" Results 1 - 20 of 1,063
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22 Apr 2007, 9:29 am
The Court stated that, "in simple situations involving an easily recognized breach of duty, a general averment of negligence following a simple statement of the defendant's act or omission will be regarded as an ultimate fact; while in more complex situations where the breach of duty is not readily apparent, such an averment will be regarded as a mere legal conclusion. [read post]
13 Jul 2012, 12:46 am by John Diekman
While an employee who reviewed the plaintiff's records stated by affidavit that the credit card statements were mailed to the defendant on a monthly basis, she failed to aver that the defendant retained these statements for a reasonable period of time without objecting to them. [read post]
21 Jul 2017, 6:10 am by Francis Pileggi
Court of Chancery Rule 9(b) requires that averments of fraud or mistake shall be stated with particularity, as compared to other claims which may be averred generally. [read post]
24 Aug 2020, 5:30 am by Daniel E. Cummins, Esq.
Super. 2009) for the proposition that these types of allegations are averments of states of mind that are permitted to be pled generally under Rule 1019(b). [read post]
1 Oct 2015, 1:35 pm by Michael Knapp
United States, or its decision in United States v. [read post]
6 Sep 2010, 8:31 am
This week's employment law Case of the Week is Smith v. [read post]