in state they are appointed or elected. In the discovery devises side, the basic standards for discoverable information, as applied by New York State and federal courts, are largely the same under N.Y. C.P.L.R. § 3101(a) and Federal Rule of Civil Procedure 26(b). In the deposition, for example, the Commercial Division rules, like the federal rules, now typically limit the depositions to ten and allow them to last seven hours. However, the cost for the deposition is deferent because under the…
Plaintiff at trial was Cellco Partnership, now Appellant. Defendant at trial, Shelby County, now Appellee. Facts: Cellco Partnership, Appellant, originally entered a lease agreement in 1995 with Cellco Partnership (Verizon) allowing an easement to Stonebridge Water Tower. In 2000, Highway 64 learned that Verizon had installed cellular equipment on Stonebridge Water Tower and accused them of trespassing and threatened to file a suit against them. In 2001, Verizon (Cellco Partnership) filed a…
The legal aid for the plaintiffs in the well known Uber and Lyft legal battles, is taking the same fight to four more companies. The Uber and Lyft lawsuits were based around misclassification of workers as independent contractors. It seems to be a popular allegation amongst on-demand companies. The four other companies soon to be facing trouble similar to that facing Uber and Lyft are: Postmates (delivery service), Instacart (delivery service), Washio (a laundry service), and Shyp (a shipping…
The Hospital has fully and completely responded to the Third-Party Defendants’ discovery requests, and in our good faith effort to clarify and address the specific items in your letter, and thereby avoid any discovery dispute, we are providing the following supplemental responses and will further supplement if additional responsive information is obtained as discovery progresses. In further response and without waiving any of the previous objections, including objections as to attorney-client…
WHEREFORE, Plaintiff prays that the Court enter judgment in her favor and against Defendant, containing the following relief: A. A declaratory judgment that the actions, conduct, and practices of Defendant complained of herein violate the laws of the United States; B. An injunction and order permanently restraining Defendant from engaging in such unlawful conduct C. An order directing Defendant to place Plaintiff in the position he would have occupied but for Defendant's discriminatory and…
Preliminary Statement The Plaintiff John Yuliano is a former employee of Colonel Dynamo, Inc.’s accounting and billing department. Colonel Dynamo, Inc. is a defense contractor who conducts 90% of its business with the U.S. military. Yuliano noticed irregularities with CDI’s billing for a government project and brought this to the attention to the project managers. Yuliano’s employment was terminated during a wave of company layoffs. Yuliano threatened CDI with a lawsuit for fraud and age…
COMES NOW, Cromwell Fountain II Condominium Inc., by and through undersigned counsel, and hereby files this motion to stay proceedings with regard to its pending declaratory judgment action; and plaintiff’s opposition to defendant’s expedited motion to extend time to respond to plaintiff’s motion for summary judgment and motion to modify scheduling order, and in support thereof, states as follows: I. Plaintiff’s Motion to Stay Proceedings with Regard to Its Pending Declaratory Judgment Action.…
Civil & Criminal Law 2 There is a level of importance everyone must have in understanding the law systems’ purpose. That knowledge enables everyone to comprehend what’s expected of each and every person. Also, everyone would share the right to judge crimes committed based upon the criteria established in state rules and regulations. Crime plagues our neighborhoods and communities. There are many people who commit crime that don’t care about the value of life and will justify their…
One proposition for reform is to transfer preliminary cases to the General Court, which may reduce the CJEU’s workload and thus reduce the delays in the procedure as a whole. This proposition is upheld by commentators Broberg and Fenger, who suggest that the transferring of preliminary cases to the General Court is already contained in the provision Article 256(3) TFEU, which states that the General Court shall have jurisdiction to hear and determine questions referred for a preliminary ruling…
QUESTION PRESENTED Given the long-arm statute, which state or federal courts have proper personal jurisdiction over Wal-Mart and Smith Family Farms from the illness of a tainted cantaloupe that originated in Colorado? BRIEF ANSWER Given the long arm statute, Tennessee state or federal courts will most likely have proper personal jurisdiction over Wal-Mart but not over Smith Family Farm. As the principal place of business and place of incorporation, Wal-Mart is subject to suit in both Arkansas…