1time dogfight rages on Aug 3, 2010
"Kulula opposed the amendment application on two main grounds, namely lack of jurisdiction and failure to disclose a cause of action," the Tribunal said. The Tribunal dismissed these objections. (iAfrica.com)
Pa. Court Imposes Corporate Liability Upon Nursing Homes Jul 28, 2010
"Corporate negligence as a basis for liability is supported as a cause of action against Grane because it was the entity that managed all aspects of the operation of the nursing facility," Bowes wrote. "Grane had assumed the responsibility of a comprehensive health center, arranging and coordinating the total health care of the nursing facility residents. While Highland employed the nursing staff, excluding the nursing consultants who were employed by and trained by Grane, Grane established and... (Law.com)
Adolescents' Facebook Posts Found to Be 'Puerile' but Not Actionable Jul 24, 2010
"I believed that they were looking for a cause of action in a first impression kind of way," Ketover said. The Daubers were represented by Raymond D'Erasmo and Savona, D'Erasmo & Hyer. (Law.com)
Zaid Ibrahim's election petition decision on Aug 5 Jul 23, 2010
He wants a declaration that Kamalanathan was not duly elected as the Hulu Selangor MP. Kamalanathan asked that Zaids election petition be struck out on the grounds that it disclosed no reasonable cause of action. Nation. (The Star Online, Malaysia -- News)
Zaids objection dismissed Jul 21, 2010
In response, Kamalanathan filed the notice of motion on July 1, asking that Zaid s petition be struck out on the grounds that it disclosed no reasonable cause of action. He argued Zaid had failed to identify the purported persons to whom the alleged promises were made, and that the PKR leader also failed to give particulars to show that they were registered voters of Hulu Selangor, and how the alleged bribery had so extensively prevailed that it was supposed to have affected the election... (The Star Online, Malaysia -- News)
Hulu Selangor election petition: Zaid failed to show elements of bargaining, court told Jul 21, 2010
Kamalanathan filed a notice of motion on July 1, asking that Zaid's election petition be struck out on the grounds that it disclosed no reasonable cause of action. The hearing of the striking out application continues before Election judge Justice Azahar Mohamed on Thursday. (The Star Online, Malaysia)
Hulu S'gor polls result tussle to continue in High Court July 21 Jul 20, 2010
Hulu Selangor MP P.Kamalanathan filed a notice of motion on July 1, asking that Zaids election petition be struck out on the grounds that it disclosed no reasonable cause of action. Election Commission (EC), named as a respondent in the petition, is raising a preliminary objection on grounds that Zaid did not provide sufficient material or facts over alleged corrupt practice. (The Star Online, Malaysia)
Dr Subra sues Tamil newspaper for defamation Jul 12, 2010
If allowed leave, we will apply to set aside the defamation suit because it did not disclose any cause of action, he added. Nation. (The Star Online, Malaysia)
Jury Awards More Than $1.3 Million In Medical Malpractice Suit Jul 4, 2010
He said that while the law does not permit a party to marry into a cause of action, Mueller and Stacy were prevented from marrying only on the basis of what was later deemed an unconstitutional law. Copyright. (FOX61, CT)
Whistleblower Suit Filed Against Ethics Commission Over Staff Attorneys' Actions Jul 3, 2010
"The statute basically requires some sort of complaint for a cause of action," he said. "As far as I know she didn't complain to anyone until after she was fired.". (Law.com)
High Court Refuses to Hear Rendition Case Jun 15, 2010
Eastern District of New York Judge David Trager had dismissed the suit in 2006 and a three-judge panel of the 2nd U.S. Circuit Court of Appeals found in 2008 that Arar had failed to state a claim under the Torture Victim Protection Act and also failed to meet the standard for an implied cause of action under the Constitution. The. (Law.com)
Car-Sharing Company Entitled to Same Liability Shield as Rental Firms, Court Rules Jun 15, 2010
"Although application of the Graves Amendment in this case will no doubt frustrate the State's policy [as set forth under the Vehicle and Traffic Law] and deny an allegedly injured Plaintiff a viable cause of action, neither the statutory language nor its intent allow another conclusion," the judge wrote. "The Court therefore finds that the Graves Amendment bars Plaintiff's claim based on vicarious liability against Zipcar.". (Law.com)
Duke Nukem Forever Lawsuit Settled Jun 12, 2010
A stipulation of dismissal with prejudice was filed on May 28, 2010, meaning the parties cannot be sued again on the same cause of action. On May 17, 2009, Take-Two 3D Realms/Apogee Ltd for breach of contract for continuing to delay the release of the game. (IGN PC Games)
Nigeria: Abacha's Sons Sue Govt Over Trial Abroad Jun 12, 2010
It said the suit is statute barred because it was not filed within three months that the cause of action arose, adding that the court lacks the jurisdiction to hear the suit. Be the first to. (allAfrica.com)
Vavi 'to die like Molefi' Jun 5, 2010
" Nyanda demands retraction Nyanda has disagreed and has retained legal representation over the matter. "We have proceeded to demand a retraction and an apology from Mr Vavi for allegations which are calculated to be understood by an audience that our client is morally reprehensible and that he is corrupt," said Siyabonga Mahlangu, director of litigation at Edward Nathan Sonnenbergs. Cosatu has said the unprecedented move will destroy its alliance with the ANC and the SA Communist Party.... (iAfrica.com)
Nigeria Pardons Corruption Buster Jun 4, 2010
While i will never be an advocate of extra legal cause of action, in reward raging hard working civil servants, yet the evident hypocrisy of an average nigerian should be observed, because nigerians accepted celebrated, illegal promotion of the late general shehu musa yar'adua, above his superior officers in 1976, yet nobody challenged such legal lacuna, thus the fixation with nuhu ribadu's case is convinient fraudulance ... While i will never be an advocate of extra legal cause of action, in... (allAfrica.com)
Commerzbank Loses Bid to Have Dresdner Bonus Lawsuit in U.K. Dismissed May 29, 2010
I have concluded that a cause of action based solely on the announcement and subsequent statements prior to the 19 December letters has no realistic chance of success at trial, Simon said. Commerzbank said in an e-mailed statement that this finding supports the view that Dresdner Bank was entitled to reduce its employees 2008 discretionary bonuses in the light of the marked deterioration in the investment banks performance in late 2008. (Bloomberg -- Germany)
Calif. High Court Tips Hand on Suits Over Gratuities May 27, 2010
The court held in that ruling that if legislators had wanted to provide a private cause of action against an insurer, they would have done so in "clear, understandable, unmistakable terms.". Along that line, Chief Justice Ronald George asked Moss what was in the language of 351 that addressed a right to sue. (Law.com)
Banks Can Write Mortgages Without Lawyers, Says Fla. Supreme Court May 15, 2010
The state's high court agreed with the 4th District Court of Appeal on dismissal but for a different reason -- failing to state a valid cause of action. Justice Ricky Polston, writing for the 6-1 court, concluded lawsuits filed against Merrill Lynch and World Savings Bank, now part of Wachovia, could not go forward because the Supreme Court, as the regulatory body for Florida lawyers, had not determined whether the lenders illegally practiced law. (Law.com)
Paternity suit to go on against ND Tiwari May 11, 2010
Tiwari said that though Rohit claimed that the cause of action arose in 1995 when he and his mother Ujjwala were virtually made persona non grata in the Congress leader's house, he chose to file the paternity suit only in 2005. "Either before or after 2002 there was no step taken by Rohit to claim that the boy was born to Tiwari," the petitioner said and added that the single judge of the HC was right in rejecting the suit. (India Times, India)
Parent Can Sue Ex for Turning Children Against Him May 8, 2010
One parent can sue the other for allegedly poisoning his relationship with their children, an appeals court said May 3 in the first New Jersey recognition of a cause of action for infliction of emotional distress for such conduct ... "Application of this principle to the case at hand leads us to one inexorable conclusion: Plaintiff's cause of action for intentional infliction of emotional distress must be barred as inimical to and irreconcilable with the best interests of the children involved... (Law.com)
N.Y. High Court Reinstates Challenge to Representation of the Poor May 7, 2010
"Rather than dismissing that claim, however, the majority replaces it with a 'constructive denial' cause of action that, in my view, is nothing more than an ineffective assistance claim under another name." ... The ruling overturned a that dismissed the case because the plaintiffs had failed to state a cause of action (). (Law.com)
N.Y. Judge Rules Property Division Unaffected by Wife's Infidelity, Deception Apr 30, 2010
"Plaintiff's cause of action for fraud is based entirely upon defendant's alleged adultery and on plaintiff's reliance upon the denial of that behavior," the court held ... Howard S. sued for divorce on the basis of cruel and inhuman treatment and adultery and filed a cause of action for fraud. (Law.com)
Firm loses appeal to reinstate RM218mil suit vs Umno Apr 28, 2010
Justices Tengku Datuk Baharudin Shah Tengku Mahmud, Datuk Wira Abu Samah Nordin and Datuk Sulong Matjeraie unanimously held that the Court of Appeal agreed with the decision of Judicial Commissioner Anantham Kasinater to strike out the suit on the basis that the claim was unclear in stipulating the cause of action. Baharudin also ordered Elegant Advisory, a supplier company, to pay costs of RM5,000. (The Star Online, Malaysia -- News)
No Reporter Shield for Mere Blogger, N.J. Appeals Court Says Apr 24, 2010
The company's attorney, Joel Kreizman, of in Ocean, says his biggest fear was reversal on the libel-versus-slander issue because he might have been left without a cause of action. Kreizman says he looks forward to deposing Hale about her sources. (Law.com)
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Medical Monitoring: 25 Years Later Apr 17, 2010
While some jurisdictions have recognized medical monitoring as a cause of action or remedy, many others have refused to recognize such claims because no physical harm was presented ... e., "outward manifestations of physical harm"), the state's high court reasoned that evidence of "physiological changes with the attendant substantial increase in risk of cancer" would be sufficient to satisfy the "injury and damage" element of a negligence cause of action and support a request for medical... (Law.com)
Merrill Units Win Dismissal of Most Claims in MBIA Default-Swaps Lawsuit Apr 11, 2010
Plaintiffs cause of action for breach of the implied covenant of good faith and fair dealing is properly dismissed as duplicative of the breach of contract claim, Justice Fried said in a ruling issued yesterday ... Such claim is not a recognizable cause of action, Fried said. (Bloomberg -- US)
3rd Circuit: Defective Sperm Can't Be Basis for Products Liability Suit Apr 6, 2010
"Simply put, a cause of action brought on behalf of an infant seeking recovery for wrongful life demands a calculation of damages dependant upon a comparison between the Hobson's choice of life in an impaired state and nonexistence," Barry wrote. "This comparison the law is not equipped to make.". (Law.com)
Bill would lift time limit on child-sex suits Apr 6, 2010
"I do have a problem with the notion that just because one worked for a school district 25 years ago that employer is capable of being sued in the same cause of action as the perpetrator.". Sen. (AZCentral -- News)
City Harvest Church responds to questions over non-disclosure of Suntec deal Apr 5, 2010
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Sony Loses Bid to Enforce Agreement With Competitor's Top Executive Mar 24, 2010
Fried also dismissed the fraud claim, finding that allegations that Werre entered into the agreement without any intention of honoring it did not state a cause of action. John G. Hutchinson and Martin B. Jackson of Sidley Austin represented EMI.. (Law.com)
Northstar Healthcare, Inc. (TSX: NHC) Subsidiary Sued for $2.4 Million in Breach of Contract Claim Mar 15, 2010
VI. CAUSES OF ACTION First Cause of Action - Breach of Contract 16 ... Second Cause of Action - Breach of Fiduciary Duty 23. (Canada Newswire)
Ex-policewoman loses bid to see Underbelly portrayal before it'saired Mar 12, 2010
"Once the series is broadcast, she will have all that she requires for the purpose of deciding whether or not to commence proceedings for that cause of action," Justice Harris said in his judgment. He adjourned the matter until April 1 to hear submissions on costs, for which no order was made. (Sydney Morning Herald -- Entertainment)
Sorry Lara, we have no right to privacy Mar 6, 2010
In 2008, the Australian Law Reform Commission released a report recommending a statutory cause of action for breach of privacy. In May, Privacy Victoria is hosting a conference to discuss the privacy of children and youth in a rapidly changing cyber-world. (Sydney Morning Herald -- Opinion)
Parties in Case Pending More Than 4 Years Sue Texas High Court Justices Over Delay Feb 23, 2010
Randall Smidt, an assistant Harris County attorney representing the hospital district, says, "We need the court [the Texas Supreme Court] to get a decision on file." If the class in the underlying suit cannot be certified, the hospital district may file its own cause of action, Smidt says. UNDER PRESSURE. (Law.com)
Fla. Ruling to Determine Fate of Thousands of Asbestos Cases Feb 12, 2010
Judge Gary Farmer, writing for the unanimous panel, said the plaintiffs were "correct in their assertion that before the statute was enacted, Florida law recognized a cause of action for damages arising from the disease of asbestosis without any permanent impairment or the presence of cancer.". That ruling conflicted with a 2007 decision from the 3rd District Court of Appeal holding retroactive application of the law was constitutional. (Law.com)
Lawyers in Vioxx Case Hit With Negligence Lawsuit Over Alleged Paperwork Errors Jan 29, 2010
He brings a negligence cause of action against the defendants and seeks monetary damages caused by the defendants' conduct. Matthews did not return a telephone message left at his office at the firm he founded in 2007, Matthews & Associates. (Law.com)
Class Decertification in Pfizer Off-Label Marketing Case Upheld Jan 27, 2010
"The trial court ruled against the absent class members on only one of their four claims and then decided to dissolve the entire class, thus terminating the class action litigation and the absent class members' ability to proceed with their cause of action," Allen said. "As a result, the absent class members, having received the requisite notice, are bound by the judgment entered against them even though the trial court ruled that the class action was unsustainable under the law.". (Law.com)
Real Estate License Can Be Easily Lost Jan 19, 2010
The original charges involved issues of moral turpitude, but subsequent rulings have effectively removed that as a cause of action. Nonetheless, charges remained based on the claim that Robbins's crimes were "substantially related to the qualifications, functions or duties of a real estate licensee.". (RealtyTimes)
Final day for your credit and debt questions Jan 14, 2010
A cause of action accrues when the breach occurs, regardless of the aggrieved partys lack of knowledge of the breach. Contract, including breach of warranty or indemnity: 4 years, (OCGA 11- 22A-506) NOTE: The parties may reduce the period to one year. (Atlanta Journal-Constitution -- Business)
Judge Rules Parts of Virginia Tech Lawsuit Can go Forward Jan 13, 2010
But he said allegations against four other officials and a group that coordinated the school's response on April 16, 2007, did not state a sufficient cause of action. Student gunman Seung-Hui Cho killed 32 people before taking his own life in the massacre. (Fox News)
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