Spock, Hobson, Jenness, Pulley, and others then filed a case that ultimately made its way to the United States Supreme Court (424 U.S. 828 — Greer, Commander, Fort Dix Military Reservation, et al., v. Spock et al.), which
ruled against the plaintiffs.
An Albany County state supreme court justice has
ruled against plaintiffs from eight «small city school districts» who contended that the state has failed to adequately fund them in light of the Campaign for Fiscal Equity lawsuit that almost a decade ago found that New York City schools had been systemically shortchanged when it came to state aid.
It could go either way, but I think from the way the judges» questions went that the odds are now more likely that the court will
rule against the plaintiffs, allowing ES cell research to continue.
Several courts, when deciding new adequacy cases, have either dismissed them based on separation of powers grounds or have
ruled against the plaintiffs on the merits following a trial.
Ultimately, however, the court
ruled against the plaintiffs, finding no aiding or abetting on the part of the sender.
In a recent case, the state's Supreme Court
ruled against a plaintiff in a Texas workplace injury case.
The British Columbia Supreme Court recently
ruled against the plaintiffs in an action for pay in lieu of reasonable notice due to the plaintiffs» failure to establish that they met their duty to mitigate.
In
ruling against the plaintiff, the court cited the state's «recreational use statute.»
It ruled against the plaintiffs on all claims.
In eDekka LLC v. 3Balls.com Inc., Eastern District of Texas Judge Rodney Gilstrap
ruled against plaintiff eDekka's patent infringement claims and invalidated the patent in question.
Not exact matches
The strongly worded
ruling from Judge Leon was in a case brought
against the governors of the Federal Reserve by a group of
plaintiffs including the National Association of Convenience Stores, the National Retail Federation, the Food Marketing Institute, Miller Oil Co., Boscov's Department Store and the National Restaurant Association.
If the class - action lawsuit
against Honda, Nissan, Toyota and Ford
rules in favor of the
plaintiffs he notion of making money at all costs will also prove to be catastrophic at these companies.
In fact, in December 2017 a Virginia district court judge
ruled against a female
plaintiff in a lawsuit alleging sex discrimination, sexual harassment, and retaliation
against defense contractor BAE Systems, in part, because she «did not take advantage of BAE's harassment reporting procedures of which she was well aware.»
A federal appeals court on Thursday revived a proposed wage - and - hour class action
against a Southern California hospital,
ruling the
plaintiffs could use inadmissible evidence to support their request for class certification.
When the International Trade Court
ruled in favor of
plaintiffs Suniva and SolarWorld in their case
against cheap Chinese solar module and cell imports, reactions were polarized: the U.S. solar industry was outraged — as it had been for most of the duration of the court investigation — and investors, apparently, were extremely upbeat for the future of this same outraged industry, sending solar stocks sky - high.
Plaintiffs in the court case that threw out the Department of Labor's fiduciary
rule declared «complete victory»
against the
rule and said the way is now clear for the Securities and Exchange Commission to create a new standard that would apply across financial disciplines.
Thrivent Financial for Lutherans became the sixth
plaintiff to lob a complaint
against the Department of Labor's fiduciary
rule when the insurer filed a suit in late September challenging the class - action waiver requirement under the
rule's best interest contract exemption, or BICE.
As you may have seen, last week, Reformed leaders Mark Dever, Ligon Duncan, Al Mohler, Don Carson, Kevin DeYoung, and Justin Taylor reaffirmed their support of C.J. Mahaney, president of Sovereign Grace Ministries, after a judge
ruled that that nine of the eleven
plaintiffs in the massive sexual abuse lawsuit
against him and his ministry did not sue in time before the statue of limitations had expired.
On Tuesday, Wheaton College and Belmont Abbey College won a legal round
against the HHS contraceptive mandate not only for themselves, but for all fellow
plaintiffs as a D.C. appeals court prompted the Obama administration to promise not to enforce the mandate (as currently written) and — on top of that — regularly report on its progress toward new
rules that better protect religious freedom.
Judge Claudia Wilken, who presided over the O'Bannon case, issued an order declaring that the NCAA and some of the conferences will have to defend the
rules against players receiving more than tuition, room and board (and now a cost - of - attendance stipend) in open court in a case brought by a
plaintiff group that includes former Clemson cornerback Martin Jenkins and former Wisconsin forward Nigel Hayes.
In August 2014, Justice Ajet - Nassam
ruled in favour of Nana Oteng Korankye, chief of Brekusu and Comet Properties as
plaintiffs in a suit
against the Presbyterian Church of Ghana in respect of a 3,984 acres of land arguably belonging to Abokobi.
The groups also sent an open letter to Gov. Andrew Cuomo asking him to rescind the 13 - hour
rule and declare the 24 - hour workday illegal, said JoAnn Lum, an organizer with the National Mobilization
Against SweatShops (NMASS), one of
plaintiffs in the lawsuit.
But on the same day that the Florida suit was filed, the New Hampshire supreme court
ruled that
plaintiffs in that state did not have standing to file suit
against their education tax credit program.
New York State's highest court,
ruling on two cases in which children were allegedly misdiagnosed as retarded, last month rejected in one case the concept of «educational malpractice» as legal grounds on which to redress such
plaintiffs» grievances
against public agencies.
«NRA appeals judge's decision
against pseudonyms in Parkland lawsuit» via Jim Rosica of Florida Politics — The National Rifle Association is appealing a federal judge's
ruling against shielding a
plaintiff's name in its litigation
against the state's new school safety and mental health law.
In 2010, that lower court
ruled that the
plaintiffs could proceed
against the state.
«Hereby stipulate that the claims within this adversary proceeding
against ECMC may and shall be dismissed without prejudice, pursuant to Bankruptcy
Rule 7041, to permit
Plaintiff to enter into a repayment program with the Department of Education.»
The governor and Ecology have vigorously defended
against our youth
plaintiffs» case, and have rebuffed all attempts we have made to work together towards a scientifically defensible Climate Recovery
Rule.
An Oregon judge
ruled earlier this month that a complaint filed by more than a dozen young
plaintiffs against the federal government — referred to by advocates as «the most important lawsuit on the planet right now» — can go to trial.
Canadian Class Actions Monitor Federal Court confirms no cost awards granted
against Plaintiffs for discontinuance of class proceedings under
Rule 334.39 (1)
Won a unanimous Supreme Court
ruling for two individual
plaintiffs against Fannie Mae.
Robert Kalanda on Supreme Court of Canada Narrowly
Rules Facebook's Jurisdiction Clause Unenforceable Robert blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use
against the
plaintiff.
A defendant is entitled to expect that a claim of liability brought
against it will be decided by the same
rules of evidence and substantive law whether the
plaintiff is represented by counsel or self - represented.»
Only three days after Judge Kaplan's spectacular
ruling in the Chevron / Ecuador case, notes Paul Barrett at Business Week, «a state appellate court in California upheld a trial judge's finding that what had been billed as a watershed liability verdict
against Dole Food over pesticide use in Nicaragua was actually the product of a corrupt conspiracy by
plaintiffs» lawyers.»
After precluding certain testimony by
Plaintiff's damages expert in January, the court now
rules against the remainder of his damages opinion of $ 150 to $ 300 million «or more.»
In this case, Judge Albert J. Cepparulo
rules against the defense's motion for full access to the
plaintiff's postings and pictures online as a means to determining damages.
The judge
ruled specifically that the defendant was not on actual notice of the accident until over eight months after the accident and that the
plaintiff failed to meet the necessary burden of showing how the district would not be «substantially prejudiced» by allowing the
plaintiff's case to proceed
against the defendants.
Justice Lauwer declined to make a finding of negligence
against the solicitor,
ruling instead that the
plaintiff's action was statute barred.
The district court had
ruled that the
plaintiff's claim was barred by the three - year statute of limitations for negligence lawsuits
against government actors in North Dakota.
Although nearly four years have passed since the day of the accident, this latest
ruling will ultimately permit the
plaintiff to pursue her claim
against the school district.
I recently posted a blog about New York's top Court's recent
ruling that New York personal injury
plaintiffs can win «summary judgment»
against...
Wilhoit
ruled (PDF)
against Sevier and a second
plaintiff who claimed a constitutional right to marry her parrot.
In this groundbreaking case, the Michigan Court of Appeals
ruled that the trial court correctly dismissed a legal malpractice suit
against the attorney and his law firm because the underlying product liability claim
plaintiffs» asserted should have been pursued was statutorily preempted under the federal Medical Device Act («MDA»).
The competitive nature of the
plaintiff - side bar, and need to protect client information under the
Rules of Professional Conduct, prevents the type of collaboration that would allow them to push back
against larger entities on the other side.
In the first federal trial over Hurricane Katrina damage, a Louisiana jury
ruled against State Farm insurance company Wednesday, finding that wind, not water, destroyed the New Orleans home of
plaintiffs Michael and Judy Kodrin.
However, there is a provision in our
Rules of Civil Procedure that permits a
plaintiff to unilaterally discontinue its lawsuit
against a defendant, provided the lawsuit has not advanced past the stage of exchanging the claim and the defences (known more technically as the «close of pleadings»).
When the Chaparros filed their lawsuit
against Carnival arising out of their daughter's death, and also brought a claim on behalf of her brother for the intentional infliction of emotional distress, the United States District Court Judge dismissed the claim,
ruling that under the federal pleading standards, the
Plaintiffs had failed to properly state a claim for relief.
This suit makes its way to the State Supreme Court after the Indiana Court of Appeals
ruled (2 - 1)
against the
plaintiff citing his failure to prove that either Wabash or Phi Psi violated Indiana's codified hazing law (IC § 34 -30-2-150).
The
plaintiff filed a medical malpractice lawsuit
against the defendant doctor, and in response, the doctor requested certain medical records pursuant to the
rules of discovery.
This 1992 case has definitely walked down it, but at the ned of the day, the
plaintiffs and their counsel were singing the Pink Floyd anthem «Another Brick in the Wall» after consistently banging their collective heads
against a popular procedural wall — Northern District of Illinois Local
Rule 12 governing the briefing and submission of summary judgment motions.