Defendant

DISCRIMINATION AND RETALIATION 46. That at all times herein relevant, Plaintiff VELEZ was in a position subordinate to Defendant BESIKO with regard to her employment with Defendant EXPRESS. 47. That at all times herein relevant, Plaintiff HUDSON was in a position subordinate to Defendant BESIKO with regard to her employment with Defendant EXPRESS. 48. That at all times herein relevant, Plaintiff VELEZ would be given directives and take work orders from Defendant BESIKO in the course of her employment with Defendant EXPRESS. 49. That at all times herein relevant, Plaintiff HUDSON would be given directives and take work orders from Defendant BESIKO in the course of her employment with Defendant EXPRESS. 50. That at all times hereinafter mentioned, both Plaintiffs were and are females. 51. Immediately with their hire, the Defendants starting…

attempt to prove, that a legal claim for negligence might be made against Jamie's Whaling Station Ltd., the owner/ operator, crew, and or captain. The plaintiff must prove one or all of the defendants owed a duty of care to the passengers on the tour to act carefully towards the situation. and that the defendant breached the standard of care by acting carelessly which caused harm, damages, injury, or death to the plaintiffs (McInnes 135) The plaintiff could claim Jamie's Whaling Station Ltd. is …

conduct was extreme and outrageous. The plaintiff and his wife sought the counsel of the psychologist Nickel to preserve their marriage. Id.650. The plaintiff asserts the claim that defendant’s purpose was to better his mental and emotional health problems and to assist in resolving marital problems he was having with his wife. Id. The defendant had knowledge that the plaintiff was particularly susceptible to emotional distress. The defendant developed a romantic relationship with plaintiff’s…

reasonable use of an established air field. Sky High Ltd also claim that they have received no other complaints since they began operating from the airfield and may as a consequence assert that Jon and Kate are oversensitive which the court would consider in determining reasonable use of the land. Protection is not afforded to oversensitive claimants by the courts in private nuisance cases. Private nuisance only protects the ordinary use and enjoyment of land. Giving consideration to the…

MOTION FOR INJUCTIVE RELIEF COMES NOW, the Defendant, Michael A. McNeil, and moves that this Court grants an injunctive relief to order the Plaintiff to stop permitting Mr. Gary Napier to transport the Defendant’s daughter around and outside of the state and to be alone with her without the presence of the Plaintiff in the mediate area. Additionally, the Defendant moves that the Plaintiff Sarah McNeil be ordered to no longer discuss the pending legal actions before this Court and/or making…

there is no assignment filed, the lack of assignment makes the lien unenforceable and it loses its priority. Making our claims for prescriptive title just and valid. Our claim on our home is the only one without defects. This state 's statute was not addressed by the federal court, and because our state claims were pending before the dismissal of Bennett I, we can still have our state claims heard in state court, rendering the Defendant 's claims of res judicita null. Wrongful Removal …

In Koffman v. Garnett, the court’s decision that assault and battery did not take place but gross negligence did is interesting how they interpreted the law in their ruling. The mere facts of difference in age, weight, physical maturity and the authoritarian position of the defendant held, would be enough in any parents eyes to surely think there was at least a case of battery. The allegation of assault is faint as there would need to be burden of proof that the plaintiff was intimidated by…

On or about August 1, 2008, Excel Academies, Inc. (“EA”) entered into a Lease Agreement, whereby EA leased a building known as the St. Bernard School, 5811 Riverdale Road, Riverdale, Maryland (“the Building”). Pursuant to the terms of the Lease, Defendant EA agreed to pay certain sums to Plaintiff Archdiocese in exchange for the use and occupancy of the Building. The parties agreed to amend the Lease several times, with the Third Amendment being agreed to on or about October 21, 2011. Pursuant…

Fed. R. Civ. P. 12(b)(6). To survive a motion to dismiss, a plaintiff’s complaint must contain “sufficient factual matter” to “state a claim to relief that is plausible on its face”. Riverdale Mills Corp. v. Cavatorta N. America, Inc., 189 F. Supp. 3d 317, 320 (D. Mass. 2016)(citation omitted). In order to bring a claim for intentional trespass NADC must demonstrate 1) the Plaintiff has actual possession of the property at issue and 2) the Defendant intentionally and illegally entered the…

On May 25, 2016, the court granted plaintiff’s motion to file an amended complaint dropping plaintiff Silva and defendant Aviva plc. We moved to dismiss that complaint on June 30, 2016, and the motion was fully briefed as of September 8, 2016. On November 4, 2016, and November 14, 2016, the court stayed consideration of the motion to dismiss pending a ruling from the United States Court of Appeals for the Eighth Circuit in a similar case which will likely affect the disposition of our motion.…