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    News and Articles on Cause Of Action



    “There's a place for development, but not at the expense of the quality of life for existing residents of a community. Development should be scaled and phased to "ENHANCE" life quality, not degrade it. Arguments about jobs created are short-sighted and ignore impacts. New ...”  Aug 28, 2010
    The judge previously ruled against their arguments that the cities had no cause of action against them because they were not responsible for enforcing the law. According to Leon County Chief Circuit Judge Charles Francis' ruling on Thursday, the law would have required 246 local governments to file amendments to their comprehensive plans, which would have cost each local government at least $15,000. (South Florida Business Journal, FL)

    N.Y. Court Permits Retaliation Action Based on Overtime  Aug 28, 2010
    The salon, citing the 2nd Department's Epifani opinion, moved to dismiss the stylists' complaint for failure to state a cause of action. In Epifani, the 2nd Department had rejected a retaliation claim from a domestic worker who claimed she had been fired for complaining about her boss' failure to pay overtime to a co-worker. (Law.com)

    KPMG Accounting Malpractice Verdict Affirmed but $38 Million Damage Award Vacated  Aug 28, 2010
    "We also conclude that plaintiffs presented sufficient evidence to establish all the elements of a cause of action for accounting malpractice," he said. Judges William Gilroy and Marie Simonelli joined in the opinion. (Law.com)

    Florida growth law ruled unconstitutional  Aug 27, 2010
    The judge previously ruled against their arguments that the cities had no cause of action against them because they were not responsible for enforcing the law. Most Read Stories. (South Florida Business Journal, FL)

    Dodd-Frank Act Promises Large Bounties for Whistleblowers  Aug 21, 2010
    Second, the Dodd-Frank Act does not provide a whistleblower with a private cause of action, unlike the FCA, which allows a whistleblower to initiate litigation and to continue that litigation if the government declines to participate ... The act provides an independent cause of action for a whistleblower who has been retaliated against, under which the whistleblower may recover double back pay with interest and attorney fees. (Law.com)

    Reminding Clients of Fiduciary Duty, Court Upholds Dismissal of Malpractice Suit Against Sills Cummis  Aug 20, 2010
    On appeal, the plaintiffs sought to apply the discovery rule, which holds that the accrual of a cause of action is postponed when a plaintiff does not and cannot know the facts that constitute an actionable claim. They said the statute of limitations should have been tolled until the end of their federal court suit against Sovereign. (Law.com)

    Lawyer's Claims of Assault, False Arrest Are Dismissed  Aug 17, 2010
    Hillgardner's second cause of action, for false arrest, must also fail, the judge ruled. Marin said the case largely came down to the conflicting testimony about the extent to which Hollon got physical with Hillgardner and how loud and profane the lawyer became in protest. (Law.com)

    Our Opinion: Buoy costs should be shared  Aug 15, 2010
    But they've got a cause of action now. "OK, I'll bite. How does IID assume any extra responsibility by installing the buoys? Please provide points and authorities to back up you claim. Given that the Feds and San Diego Water had no dog in the fight (they aren't liable for your imaginary lawsuits), how does "risk assessment" inform any of their imaginary decisions about the buoys?How does the installation of these safety devices give would-be victims a "cause of action" to sue IID. Please provide... (El Centro Imperial Valley Press, CA)

    RE: The Indemnity Clause Must Stay  Aug 13, 2010
    So, if Ghanaians, through an overwhelming representation made to the Constitutional Review Commission, show their preference for a review of the Indemnity Clauses, then due process may be put in place, following recommendations made by the CRC for such cause of action. The final part of that due process would be the referendum that would only be won if 75% of voters who voted vote in favour of whatever proposition was put before them. (Ghana Web, Ghana)

    Dem PAC's ad hits Perry over Trans Texas Corridor  Aug 13, 2010
    " KEY IMAGES: A down-home rancher, sporting a white mustache and a cowboy hat, and his wife are sitting on the quaint wraparound porch of their ranch house, talking directly to the camera from their white wicker seat. Their comments are punctuated with a shot of a bulldozer ripping through dirt. Images of the rancher admiring his horses and his wife trimming her flower bushes are interspersed. ANALYSIS: Perry first proposed the almost $200 billion network of toll roads and high-speed rail in... (KSLA.com, LA)

    Skype avoids antitrust suit in settlement with IDT  Aug 6, 2010
    However, the cover sheet describes the cause of action as conspiracy to monopolize, monopolization and attempted monopolization. In addition, the court's stipulation of dismissal of the case says that the complaint alleged four causes of action under the section of the U.S. trade code that includes unfair methods of competition. (San Francisco Chronicle -- Technology)

    Judge: Discovery Rule for Libel Doesn't Apply to Blogs  Aug 6, 2010
    "The court is not aware of any case in which the discovery rule has been applied to postpone the accrual of a cause of action based upon the publication of a defamatory statement contained in a book or newspaper or other mass medium," McLaughlin wrote in her nine-page opinion in ... "If the rule is intended for hard-to-discern injuries, it would be at odds with a cause of action based upon a defamatory statement disseminated through a mass medium, like a website, and received by tens of... (Law.com)

    N.Y. Appeals Court Affirms Lesbian's Duty to Pay Child Support  Aug 6, 2010
    The Court of Appeals, however, to consider the question of whether H.M.'s petition sufficiently stated a cause of action for child support under state Family Court Act articles 4 and 5-B. , 14 NY3d 528 (2010). The court ruled 4-3 that Family Court "unquestionably" had jurisdiction. (Law.com)

    Privacy is under attack from a media that doesn't care  Aug 6, 2010
    This important report also recommended legislation to establish a general statutory cause of action for breach of privacy subject to a number of qualifiers to ensure the protection of other public interests ... What the Australian Law Reform Commission has put on offer is a proposal to remove uncertain and possibly haphazard and fragmented laws in favour of a unitary approach flowing from national legislation; legislation to create a general cause of action for unwarranted and serious breaches... (Sydney Morning Herald -- Opinion)

    Airgas' Suit Against Cravath Can Proceed  Aug 5, 2010
    "Airgas argues the retention of outside counsel was made necessary only because of Cravath's alleged breach of its fiduciary duties in simultaneously working for and against Airgas," Robreno said in determining the complaint states a cause of action on the issue of attorney fees. In its second damages claim, Airgas argued it had to obtain new financing counsel to fill in for the work Cravath had done for Airgas over the course of nine years. (Law.com)

    Recipient of Offensive E-Mails Can't Force Yahoo to Name Sender  Aug 5, 2010
    Div. 2001), required among other things that a plaintiff "produce sufficient evidence supporting each element of its cause of action, on a prima facie basis." ... Doe's lawyer, David Lewis of Lewis & Forrey in Princeton, argued that the plaintiff had not established a prima facie case for each element of his cause of action and thus the subpoena should be quashed. (Law.com)

    Court strikes out Zaid Ibrahim's petition  Aug 5, 2010
    Kamalanathan asked that Zaids election petition be struck out on the grounds that it disclosed no reasonable cause of action. Kamalanathan said the case was fundamentally wrong and his legal team made a good presentation. (The Star Online, Malaysia -- News)

    State of Indiana (1)  Aug 4, 2010
    Thus, on the 7th day of July, 2010, the Jackson Circuit Court ordered that John Thomas Nunn, Jr. be given notice of these proceedings by publication and set the matter for hearing on August 16, 2010 at 9:30 A.M. That the cause of action is for the temporary guardianship of Dylan Thomas Nunn, and the biological father, John Thomas Nunn, Jr. is a necessary part to, and claims some interest in said action. NOW THEREFORE, the John Thomas Nunn, Jr. is hereby notified that he may be and appear in the... (Brownstown Jackson County Banner, IN)

    False-Marking Suits Head for a Showdown  Aug 3, 2010
    The law creates a qui tam cause of action, with the monetary penalty to be split 50-50 between the person suing and the government ... Ken Good, a shareholder in Kent, Good, Anderson & Bush in Tyler, says the Federal Circuit could hold that a plaintiff has to be the defendants' competitor and "that will be severe damage to the cause of action." ... "The courts appear to have created a lucrative cause of action here; the market is responding to it," Smith says. (Law.com)

    Barone: Voters Want the Government on a Diet  Aug 3, 2010
    "While this case raises a host of complex constitutional issues, all seem to distill to the single question of whether or not Congress has the power to regulateand tax a citizens decision not to participate in interstate commerce. Neither the U.S. Supreme Court not any circuit court of appeals has squarely addressed this issue. No reported case from any federal appellate court has extended the Commerce Clause or Tax Clause to include the regulation of a persons decision not to... (Townhall.com)

    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)

    Visitor Agreement  Apr 23, 2010
    We do not assume any liability for any of your activities in connection with the Headline Module or for your use of the Headline Module in connection with your website and you agree to indemnify IBS, as provided for herein, for any cause of action arising from or relating to your use of the Headline Module. Use of the Headline Module does not imply that we endorse, promote or supportsany third-party cause, product, service or opinion. (KIRO TV, WA)

    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
    " onclick="Next();" src="/images/butt_next (Channelnewsasia.com)

    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)

    Terms of Service  Jan 11, 2010
    Your browsers security settings are preventing some features from appearing. Last Updated: March 4, 2009. (Florida Today)

    Legal Notices  Jan 10, 2010
    Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. WEBM's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. (LinuxPlanet)

    Privacy Policy  Jan 10, 2010
    Last Updated: March 6, 2007. California Privacy Rights. (Multichannel News)


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