Keanu KOs Big Part of Paparazzo Suit Sep 23, 2008
Reeves' team did not challenge the negligence claim, and Grimes let stand that cause of action. Silva's lawyer, Joseph Farzam, argued that today's opinion did not change the fact that his client can still win the same amount of damages if he can show Reeves was negligent, a claim requiring a lower threshold of proof. (E! Online)
Suspect nabbed after 5-hour standoff ... Carvalho’s strength from the people’ ... Peace celebration lights up Wailua park ... Talk Story ... Senior Calendar ... Corrections ... ';var marqueewidth="408px";var marqueeheight="25px";var marqueebgcolor="#white";////NO NEED TO EDIT BELOW THIS LINE////////////var pauseit=1;var marqueespeed=1 //slow speed down by 1 for NSvar copyspeed=marqueespeedvar pausespeed=(pauseit==0)? copyspeed: 0var iedom=document.all||document.getElementByIdif (iedom)document.write(''+marqueecontent+'')var actualwidth=''var cross_marquee, ns_marqueefunction populate(){if (iedom){cross_marquee=document.getElementById? document.getElementById("iemarquee") : document.all.iemarqueecross_marquee.style.left=parseInt(marqueewidth)+8+"px"cross_marquee.innerHTML=marqueecontentactualwidth=document.all? temp.offsetWidth : document.getElementById("temp").offsetWidth}else if (document.layers){ns_marquee=document.ns_marquee.document.ns_marquee2ns_marquee.left=parseInt(marqueewidth)+8ns_marquee.document.write(marqueecontent)ns_marquee.document.close()actualwidth=ns_marquee.document.width}lefttime=setInterval("scrollmarquee()",20)}window.onload=populate;function scrollmarquee(){if (iedom){if (parseInt(cross_marquee.style.left)>(actualwidth*(-1)+8))cross_marquee.style.left=parseInt(cross_marquee.style.left)-copyspeed+"px"elsecross_marquee.style.left=parseInt(marqueewidth)+8+"px"}else if (document.layers){if (ns_marquee.left>(actualwidth*(-1)+8))ns_marquee.left-=copyspeedelsens_marquee.left=parseInt(marqueewidth)+8}}if (iedom||document.layers){with (document){document.write('')if (iedom){write('')write('')write('')write('')}else if (document.layers){write('')write('')write('')}document.write('')}} A Kauai Police Department officer looks over the cruiser that the suspect allegedly damaged during the standoff yesterday morning. The weapon Martin reportedly brandished during the incident can be seen on top of the car.Photo by Dennis Fujimoto/The Garden Island KAUAI NEWS Suspect nabbed after 5-hour standoffKPD’s first Taser deployment successfulMore of this story Sep 23, 2008
In January, Amanda Yeager filed a petition for a temporary restraining order against Martin, listing domestic abuse as the cause of action, nine days after the pair were arrested on drug charges. On Friday, Martin filed for a counter temporary restraining order against Yeager. (Lihue Garden Island, HA)
N.Y. Appellate Court Rejects Breach of Duty Claim Against Wilson Elser Sep 17, 2008
In a unanimous decision, the Appellate Division, 1st Department, held that Ulico Casualty Co. "has not demonstrated that it would not have sustained a loss of business but for defendant's assistance to Legion [Insurance Company] and has not established its entitlement to recover damages against defendant as to this cause of action.". In , 3154, the panel concluded that Ulico could sue Wilson Elser for legal malpractice based on its handling of three benefit fund claims when it served as claims... (Law.com)
S.C. State seeks dismissal of suit by ex-president Sep 17, 2008
Hugine has failed to state facts sufficient to constitute a cause of action, Columbia-based attorney Charles Boykin claims. We believe the pleadings are flawed, said Boykin in a phone interview. (Orangeburg Times and Democrat, SC)
Globe, reporter Wong lose bid to dismiss family's suit Sep 13, 2008
Last month in a hearing before Aston, Globe lawyer Peter Jacobsen argued the lawsuit should be dismissed on the basis that it is a defamation action "improperly framed as some other cause of action," the judge wrote in his summary. More news Recent special sections. (Toronto Star)
Lis on Law: Breach of Promise to Marry Sep 3, 2008
RoseMary's lawyer, Lydia Sartain, explains that this type of cause of action is not as rare as you might initially think. "It's really not an unusual case, it's not unheard of and there's this cause of action in states across the country." While it's true that some states allow a person to sue for a broken engagement, it's important to note that some don't. (Fox News)
20 seek relief from quarry issues Sep 3, 2008
Lazar said Chomet and his clients have changed the direction of their case against the quarry since their lawsuit was first filed, believing that blasting probably was not a "successful cause of action.". He supported what Chomet said about the Michigan Department of Environmental Quality requiring the landfill to maintain monitoring wells, but he said these wells go beyond the soil and into bedrock. (The News-Herald)
Ghana FA sues author over fixing claims Sep 3, 2008
"We have decided to seek the advice of our lawyers on any further cause of action that may be available against Declan Hill, and publishers of the defamatory statements. "We have lodged an official complaint with the Ghana Police Service to investigate the allegations which are criminal in character and possess the unbridled tendency to impugn the sovereign integrity of Ghana. "A critical review and analysis of the allegations attributed to Mr. Declan Hill pointedly reveal that his story was not... (Ghana Web, Ghana)
OPINION: A threat abroad to 1st amendment Sep 2, 2008
It would give Americans who find themselves in the situation described above a "federal cause of action" to sue right back - and to claim legal fees, costs and significant damage awards as well if a U.S. court concludes that the foreign suit was "a scheme to suppress First Amendment rights." On the Senate side, the bill is being shepherded by Senators Joseph Lieberman, independent Democrat of Connecticut; Arlen Specter, Republican of Pennsylvanian, and Charles Schumer, Democrat of New York. But... (The Trentonian, NJ)
Neb. ballot wording on preferential treatment OK'd Aug 30, 2008
A line Burns added: "A cause of action for violation is created." ... Burns said the cause of action statement "is neither incidental or procedural. It is an ultimate objective of the initiative.". (Sioux City Journal, IO)
Sturch wins Democratic runoff for sheriff Aug 29, 2008
Brandy C. wrote on Aug 27, 2008 7:52 AM:" To The Teacher, Holy Moses, you have to be the fool of the county, Bill Sturch was a Member of the BCJA, and they gave Bill what he wanted, he has never stopped being the Jail Boss, Yes he is responsable for all the excapes and the murder of Tristen York, that his inmates have done. He also is responsable for the Lawsuits filed in the Court over beating an inmate and killing one by denying him water. Cause of Action numbers CJ-07-00129 & CJ-07-0030.... (Durant Daily Democrat, OK)
Split Panel Supports Trial Judge in His Use of 'Ultimate' Sanction Aug 28, 2008
On Sept. 14, 2004, the Supreme Court dismissed the remainder of the complaint, save for the cause of action concerning the breach of the no-disparagement clause ... In July 2006, the judge dismissed Arts4All's remaining cause of action, Hancock's counterclaims for breach of contract and breach of fiduciary duty, and told the litigants to "find a different battleground" for their "bare knuckles fight.". (Law.com)
LETTERS: NCT, Aug. 26, 2008 Aug 27, 2008
The venue for this cause of action is a tribunal or a court martial. Instead, to appease the left, the federal courts are being used and Joe six pack will stand in judgment and not military people. (North County Times)
Thorp Reed Gets Italian Firm Out of Class Action Aug 26, 2008
He also noted that plaintiffs have tried to use Section 10b-5(a) and 10b-5(c) to pursue civil causes of action regarding banks or attorneys they allege aided and abetted bad behavior about securities because the 1995 Private Securities Law Regulation Act made aiding and abetting a crime but didn't afford a civil cause of action for aiding and abetting. Robert M. Roseman, a plaintiffs' attorney with in Philadelphia, and Donley noted that Kaplan was one of the first judges, if the not the first,... (Law.com)
Nike drops blogger complaint Aug 25, 2008
"Our cause of action under their jurisdiction would have been the potential malicious reputation harm to a private equity (company) under Chinese law -- not an Internet control violation.". -- Rich Read. (OregonLive, OR -- Business)
Obama in His Own Words: There Is No Doubt He Supported Infanticide Aug 25, 2008
S.B. 1094 created a cause of action if a child was born alive after an abortion and the abortionist harmed or neglected the child or failed to provide life-sustaining medical treatment ... This time, S.B. 1661 provided the cause of action, S.B. 1662 defined life, and S.B. 1663 was the substantive legislation requiring life sustaining treatment ... Barack Obama did not speak out on the floor of the Senate about S.B. 1661, the legislation that created a cause of action against a doctor. (Human Events Online)
Test case on right to sue Sultans Aug 20, 2008
The term Ruler should be construed to mean Ruler at the time when the cause of action arose. The Federal Court held that as of the date when the plaintiff was proclaimed a Ruler, he acquired all the attributes of sovereignty under Article 181(1). (The Star Online, Malaysia)
Terms of Service Aug 20, 2008
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. (Yahoo News -- Auto Racing)
N.J. Supreme Court Judge Can Be Sued Personally for Alleged Civil Rights Breach Aug 19, 2008
Under the federal law, civil rights suits can be brought against "persons" but not against their office, which means there is no cause of action against the state for acts committed by Rivera-Soto, Feinberg said. Douglas Eakeley, whom the state called in to defend Rivera-Soto in his official capacity, says it's an important ruling because it is the first by a New Jersey judge to make the 2004 state act conform on this issue to what he calls its "template," the federal law. (Law.com)
Developer sues Wachovia for more than $1M Aug 19, 2008
"Not every failed or troubled real estate project gives rise to a cause of action against a lender, Kaskel said in a press release. The lender's course of conduct, course of dealings, loan commitment and loan documents must be analyzed to determine the potential extent of lender liability. The degree to which the lender bears responsibility for the project's failure is a major consideration, as is the extent of a lender's involvement in the developer's decision making process.". Kaskel believes... (South Florida Business Journal, FL)
Transgender Bias Suit Against Library of Congress Could Change Federal Policy Aug 16, 2008
Despite Robertson's earlier ruling on the sex stereotyping claim, District of Columbia U.S. Attorney Jeffrey Taylor, representing the library, contends, "First and foremost, transsexuals like [Schroer] are not a protected class under Title VII." Gender identity disorder, he adds, is not akin to a failure to conform to sex stereotypes, "nor does an allegation that a transsexual does not conform to sex stereotypes give rise to a cause of action under Title VII.". There was no discrimination, he... (Law.com)
Privacy needs more protection Aug 15, 2008
By way of contrast, in Canada, where a number of provinces have had a statutory cause of action for invasion of privacy since the 1970s, the experience has been quite different. There has been very little litigation and no evidence that it has been used as a tool for celebrities or the wealthy. (Sydney Morning Herald -- Opinion)
Media is a crucial antidote to power Aug 15, 2008
But in chapter 74 on page 2535 -- which gives you an idea of the size of the report -- they propose a new cause of action for what is termed a serious invasion of privacy ... Four randomly chosen constructs are hardly persuasive enough to create a new cause of action, one which through a vigorous Bar and creative judges is likely to have a life of its own, going to places unintended with consequences unknown ... They -- the powerful client and the lawyer-- could not care less about the cause of... (The Australian)
In Review of High Court Term, Justice Kennedy Still the Man in the Middle Aug 8, 2008
Although the Court this term did find a cause of action for retaliation under two silent job bias laws, those decisions were dictated, the majority said, by stare decisis -- two key precedents that led the Court to those rulings. "The Court did infer a cause of action in the retaliation cases, but said this is really about stare decisis," said John Payton, president of the NAACP Legal Defense and Educational Fund. (Law.com)
Nqakula defends police Aug 8, 2008
The minister objected to Gerber's claim, saying he had failed to set out any details of any contractual wrong allegedly committed by him or his servants and that the particulars of the claim did not disclose a cause of action. He said the Constitution and the preamble of the Police Service Act did not give rise to a claim for damages for actual losses suffered. (iAfrica.com)
US workers in Mideastfind hurdles in local courts Aug 7, 2008
But it also allows DynCorp to state in its employees' contracts that "any cause of action against the employer must be brought in the UAE.". DynCorp set up its Dubai subsidiary in 2002, around the same time that two former employees filed high-profile lawsuits accusing the company of firing them for going public with complaints about a sex trafficking ring in Bosnia run by DynCorp colleagues. (Boston Globe)
Religious Slurs May Amount to Hostile Workplace, N.J. High Court Says Aug 5, 2008
A bill in the Assembly Labor Committee, introduced in response to the Appellate Division's ruling, would expand the LAD to create a cause of action for verbal abuse based on a wide variety of personal matters, including religious and ancestry, created a hostile work environment. But the bill's sponsor, Neil Cohen, D-Union, resigned last week following the disclosure by two other Democratic lawmakers who share office space with him that they found child pornography on his computer. (Law.com)
Lawyer Calls Former Paralegal's 'Sexual Predator' Claims 'Ridiculous and Not True' Aug 2, 2008
In the petition, Robinson writes, "No cause of action under or alleging Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000e, or Chapter 21 of the Texas Labor Code is being asserted at this time against any defendant.". Markle says that language is included in the petition, because Robinson has not yet filed a complaint about her treatment at the firms with the U.S. Equal Employment Opportunity Commission or with the Texas Commission on Human Rights. (Law.com)
NRL may quit court chase for Williams Aug 2, 2008
The Herald was yesterday told the NRL had obtained legal advice from Sydney barrister John Marshall, SC, that it did not have a cause of action against Williams, and the Bulldogs will have to fight the case on their own. However, the NRL will assist with funding the Bulldogs' bid to prevent Williams from playing for Toulon after walking out on the remaining four years of his contract. (Sydney Morning Herald -- Sport)
Extreme home foreclosure: House built for ABC show in foreclosure Aug 1, 2008
Not to mention the cause of action that the Harper's would have against the inspector if the house is in that much disrepair. Thus, I do not believe that they were in "need" of a new house. (Los Angeles Times)
Prominent Lawyer Accused by Former Paralegal of Being 'Sexual Predator' Jul 30, 2008
"No cause of action under or alleging Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000e, or Chapter 21 of the Texas Labor Code is being asserted at this time against any defendant," she writes. Robinson, who alleges she worked under Laminack's supervision at O'Quinn Laminack and at Laminack Pirtle from May 2002 until her "wrongful termination" on April 14, 2008, seeks unpaid overtime wages under the Fair Labor Standards Act totaling $27,500, plus an equal amount in penalties, plus... (Law.com)
$10 Million Verdict Upheld Against PricewaterhouseCoopers Jul 25, 2008
"The evidence authorized the jury to find that Coopers' fraud prevented the trustees from discovering the trusts' cause of action until January 2002.". Because Bassett filed his claims on behalf of the Kellett family trusts within four years of discovering the alleged fraud, those claims were considered legitimate rather than untimely by the appellate panel. (Law.com)
New Suits Over Recalled Drugs May Target China Jul 24, 2008
"This is a manufacturing defect, a different type of cause of action not subject to pre-emption problems that some of the failure-to- warn cases have," he said. "Because of that, it's unique in that respect from some of the pharmaceutical litigation out there.". (Law.com)
Courts bound by rule of law, not societal faults Jul 18, 2008
The Rhode Island attorney general effectively sought judicial creation of a new cause of action - one that the state Legislature had declined to authorize - in order to impose liability without proof of wrongdoing or causation, or evidence that any defendant's product was even present in Rhode Island. In an 81-page decision, the court acknowledged both the serious problem of lead poisoning in children and the "public health success story" that the Legislature's chosen remedies have occasioned. (Boston Globe -- Editorial)
Lawyer's Legal Work for N.J. Justice Bounces Firm From Vioxx Case Jul 15, 2008
In June, the state Supreme Court ruled in Sinclair v. Merck, 948 A. 2d 587, that the PLA did not provide a cause of action seeking medical monitoring for Vioxx patients with no symptoms. In 2007, in International Union of Operating Engineers Local No. 68 Welfare Fund v. Merck, 192 N.J. 372, the state high court blocked an attempt by unions and health insurers to pursue a class action under the state Consumer Fraud Act to recoup payments for Vioxx prescriptions. (Law.com)
N.Y. Court Defines Test for Obtaining Identities Behind Online Posts Jul 13, 2008
A plaintiff must also identify the "exact" alleged defamatory statements and "produce sufficient evidence supporting each element of its cause of action, on a prima facie basis.". Finally, a court "must balance the defendant's First Amendment right of anonymous free speech against the strength" of the plaintiff's case. (Law.com)
Civil Lawsuit Filed: Bartian involved in racially charged fight sues alleged assailants, parents (67) Jul 13, 2008
In a second cause of action, the suit alleges that the parents of the three juveniles involved are responsible for 2,500 per household for the losses sustained by the Plaintiff. All were charged in the incident, including Collier. (Bartlesville Examiner-Enterprise, OK)
Court dismisses flood damage case against town board Jul 13, 2008
In New York State law, a three-year statute of limitations applies and the cause of action for litigation is said to begin at the time of an alleged injury ... As stated in documents issued by the courts, any cause of action that occurred before Nov. 8, 2004 is barred by the statute of limitations. (Henrietta Post, NY)
LETTERS: NCT, July 7, 2008 Jul 8, 2008
Otherwise, they have no role due to no cause of action. The case would get dismissed by showing the plaintiffs failed to state a cause of action ... To bring a case in civil court, the Plaintiff must state a cause of action and then prove the elements with relevant, credible, and admissable evidence. (North County Times)
3rd Circuit Asks Pa. High Court to Clarify Accountant Liability Jul 4, 2008
"Given the questions surrounding the Lafferty holding, the need for clarification of the in pari delicto doctrine under Pennsylvania law, and the presence of the aiding and abetting cause of action, we believe that the best course is to request that the Pennsylvania Supreme Court clarify the contours of in pari delicto under Pennsylvania law," Ambro wrote. In the final paragraph of the order, Ambro framed the issues into two questions to be certified to the Pennsylvania Supreme Court: "What is... (Law.com)
U.S. Court Upholds Dismissal of Canadian Maher Arar's Suit Over Rendition Jul 1, 2008
Congress ``has chosen to establish a remedial process that does not include a cause of action for damages against U.S. officials,'' the court said. The lawsuit challenged ``extraordinary rendition,'' a process by which federal authorities have, without legal proceedings in U.S. courts, allegedly sent suspected terrorists to be held and tortured in other countries. (Bloomberg -- Canada)
Huge case backlog clogs India's courts Jun 28, 2008
This is vital to ensure that only the genuine ones with a justifiable cause of action based on judicially manageable standards are taken up. In this regard, it is suggested that the Supreme Court set up a special screening cell to deal with PIL matters and thoroughly scrutinize them. (Asia Times Online)
Court Rejects Suit by Woman Who Said She Had Sex With Rabbi to Find Husband Jun 27, 2008
In the absence of such a showing, Graffeo wrote, "no cause of action can be maintained for an extended voluntary sexual affair between consenting adults," even if Marmelstein "could prove that her acquiescence was obtained through lies, manipulation or other morally opprobrious conduct.". In a footnote, however, Graffeo wrote that there would be a "critical difference in the viability of claims" brought by minors who are "incapable of consent" asserting improper sexual conduct by a minister. (Law.com)
Deepening Insolvency Claim Against Deloitte & Touche Upheld Jun 19, 2008
Deepening insolvency is not an independent cause of action unless a plaintiff alleges other causes of action such as professional negligence, the Commonwealth Court of Pennsylvania has ruled in a claim by the Pennsylvania Insurance Department against ... In finding that the deepening insolvency theory was not valid as an independent cause of action, the 3rd Circuit considered Official Committee of Unsecured Creditors v. R.F. Lafferty & Co. In Lafferty, the court recognized that in addition to... (Law.com)
Cohabitation Not a Requirement for Palimony Claim, Says N.J. Supreme Court Jun 18, 2008
"We hold that cohabitation is not an essential requirement for a cause of action for palimony, but a marital-type relationship is required," wrote Justice John Wallace Jr. in , A-20-07 ... " "Even California -- the birthplace of the Marvin/palimony cause of action -- requires cohabitation as a prerequisite to recovery on a palimony case," he said, referring to . "More to the point, California makes the critical observation that if cohabitation were not a prerequisite to recovery, every dating... (Law.com)
Black Farmers Gather in Tuskegee to Ask for Federal Help Jun 17, 2008
One man said, "If these people denied over 50% of black folks in the first lawsuit what makes us think they're not going to deny 50% of the black folks as we go forward?" Davis explained, "This is a new cause of action. It is not trough the administrative process. It's no monitor. It's no facilitator. It's gone into court." That means the outcome will be decided in court this time and not by an administrator. Davis is hoping it will became a class-action lawsuit so it will be settled quicker,... (WSJA.com, AL)
Spiteri's case against Nine to go ahead Jun 14, 2008
Nine had applied to have the case thrown out before it went to trial, on the basis that Ms Spiteri "had no reasonable prospects of successfully prosecuting the proceedings", that she had "no reasonable cause of action", and that "the pleadings are embarrassing". Nine alternatively sought to have Spiteri's statement of claim struck out. (Sydney Morning Herald)
Gopalan Nair faces second charge of insulting judge Jun 12, 2008
Nair's lawyer Chia Ti Lik told the court that his client may take a certain cause of action and so the case has been adjourned to Monday for a further mention in the Subordinate Courts. Nair has been released on bail. (Channel NewsAsia, Singapore)
Nigeria: Delta Recovers 260 Oil Wells From Ondo State Jun 11, 2008
It also argued that the court lacked the jurisdiction to entertain the matter and that the suit disclosed no reasonable cause of action against the respondents. But the court agreed to take the objection alongside the substantive suit. (allAfrica.com)
N.Y. High Court Questions AG's Involvement in Suit Over Grasso's Pay Jun 4, 2008
"My question is, granted that the stock exchange would have a cause of action to get the money back, why should the attorney general have to do that?" Smith inquired. "Why can't the management of the stock exchange handle it?". (Law.com)
Uganda: Govt to Appeal Ruling On Public Demonstrations Jun 2, 2008
Mr Jackson Kafuuzi, one of the senior lawyers who handled the case, said the AG's decision is within procedure and he (AG) may now be preparing a memorandum with details of his cause of action. If indeed the AG goes ahead with the appeal, he is expected to write to the Constitutional Court demanding details of the ruling before filing a memorandum of appeal in the Supreme Court. (allAfrica.com)
Sweepstakes Rules Jun 1, 2008
Except where prohibited, by making an Entry, Entrant releases and holds harmless Jupitermedia Corporation and its subsidiaries, affiliates, and their shareholders, directors, officers, employees and agents and the judges (the "Released Parties") from and against any claim or cause of action arising out of participation in the Sweepstakes, human or technical errors, or receipt or use of any prize. IN NO EVENT WILL JUPITERMEDIA CORPORATION, ITS LICENSEES, AND OR THEIR AFFILIATES, SUBSIDIARIES AND... (LinuxPlanet)
Attorneys Slam 'Bailout Plan' for Businesses May 29, 2008
"The cases are over. Congress says you don't have a cause of action anymore. There's nothing we can do," said Miami attorney Matthew Sarelson, who has filed a dozen FACTA lawsuits. He said six of the lawsuits are now over due to the legislation. (Law.com)
Nevada's First Lady Says Husband Has a Girlfriend May 29, 2008
The complaint also states the "cause of action for divorce" occurred in Reno, but offers no specifics. Dawn Gibbons, 54, has proposed that Jim Gibbons, 63, could move back into the Governor's Mansion in Carson City and she would stay in a guest house on the grounds so she can continue her duties as first lady. (Newsmax)
High Court OKs Suits Against Retaliation Over Workplace Claims May 28, 2008
The Supreme Court, led by Justice Stephen Breyer, agreed, finding that under Court precedent and congressional enactments, Section 1981 should encompass retaliation claims -- even though retaliation is not specifically mentioned as a cause of action ... In a rare dissent, Chief Justice John Roberts Jr. said retaliation claims are handled under civil service procedures, and Congress did not intend to create a separate cause of action under ADEA. Justices Antonin Scalia and Clarence Thomas joined... (Law.com)
Workers can sue firms over retaliation, Supreme Court rules May 28, 2008
At issue in both cases was whether Congress had created a cause of action in the law to permit retaliation lawsuits. While some laws, such as Title VII of the Civil Rights Act of 1964, ban retaliation in response to any discrimination complaint, other important civil rights laws make no mention of retaliation. (Christian Science Monitor -- USA)
Centro to fight class action May 26, 2008
"We are very confident about our position and we obviously would not commence a proceeding if we weren't of the view that there is a cause of action to be tried where people deserve compensation for their losses," he said. "People have got an obligation to be honest and competent. "Just because you might be honest, but incompetent, doesn't mean you are not legally liable for losses. (Melbourne Herald Sun)
Wrongful death lawsuit brought against county May 20, 2008
Andersen asked the court to dismiss Gensmer s pretended cause of action. Andersen said his firm, Ratwik, Roszak and Maloney PA of Minneapolis, handles many civil suits against counties but this one was factually unusual because of the nature of the incident and that it happened during a hugely unusual flood event. (Winona Daily News, MN)
Letters to the editor (May 9) May 16, 2008
Sounds like Plutarch has a cause of action ... Plutarch would not have a cause of action, but at least he correctly attributed the quote ... Plutarch would not have a cause of action. (Corvallis Gazette Times, OR)
Effort to Collect $116 Million From PLO May Go to Trial May 15, 2008
The vexing issue before Supreme Court Justice Shirley Werner Kornreich was whether there is a right to a jury trial when the sole cause of action is for declaratory judgment, which, as a product of legislation, is neither equitable nor legal in nature. Because the nature of the slain family's collection claim is more legal in nature than equitable, Justice Kornreich concluded in , 102101/06, the case should be tried before a jury. (Law.com)
Ramey, council appear close on truce May 15, 2008
" he wrote.The next day, Lampros wrote that Dickerson "indicated that Council would likely resist any resolution that did not insure that Davis Bauman retained his position as City Attorney. " He continued by saying Ramey "is probably willing to consider any qualified individual for the position so long as reasonable billing practices are followed and there is accounting for how time is spent and what the City is getting for its money. (Clayton Tribune, GA)
JK Rowling's son wins privacy battle in court May 8, 2008
It was a preliminary ruling because it was made on an application by the picture agency for the case to be struck out as not disclosing any cause of action. English courts have previously refused to recognise the right of an individual not to be photographed in a public place unless there are special circumstances such as harassment, distress to a child or disclosure of confidential information. (Telegraph.co.uk)
Kenya: Team Questions Voting Practice May 8, 2008
Mrs Keli said this was because the code of conduct did not specify the next cause of action should the individual refuses to honour the fines imposed by the commission. "We are however contemplating filing court cases to compel the said politicians to pay up their fines," said Mrs Keli. (allAfrica.com)
Molokai patients receive apology May 8, 2008
The resolution says: "The Legislature does not confer any legal cause of action or any legal rights, remedies, relief, restitution or reparations" through the apology. "They are not looking to sue, to get reparations," English said. (Honolulu Star-Bulletin)
County wants suit dismissed May 2, 2008
No cause of action exists for an unhappy county clerk to sue the county board for additional funding, and the amended complaint, in its present form, does not allege anything more. The next court hearing on the Hieronymus complaint is set for 11 a.m. Monday in the LaSalle County Courthouse. (Princeton Bureau County Republican, IL)
