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Federal Public Entity and Civil Rights Litigation January 1, 2010
The plaintiff mother, individually and as the Administratrix of her deceased son's estate, sued the defendants, a police officer, a police commissioner and a city, asserting excessive force claims under 42 U.S.C.S. § 1983and U.S. Const. amend. IV,..., Case Law Alert - 1st Qtr 2010
New York Trucking & Transportation Liability January 1, 2010
The plaintiff was a passenger on the defendant's bus and sued to recover personal injury damages allegedly arising out a motor vehicle collision between the defendant's bus and a third party's vehicle. The plaintiff must establish a "serious injury..., Case Law Alert - 1st Qtr 2010
Ohio Trucking & Transportation Liability January 1, 2010
The plaintiff filed this action for damages after he collided with a CSX train while attempting to cross a railroad track, making a state law claim that CSX failed to provide adequate warning devices at the railroad crossing. This issue presented is..., Case Law Alert - 1st Qtr 2010
Federal Employment Law January 1, 2010
In Seybert, the plaintiff sought to exclude the introduction of a number of her email exchanges, which involved sexual content, pursuant to Federal Rule of Evidence 412. After an in camera review, the court denied the plaintiff's motion, holding..., Case Law Alert - 1st Qtr 2010
Federal Employment Law January 1, 2010
In Craig, the court conditionally certified a collective class under the Fair Labor Standards Act to provide notice to any assistant manager who was classified as an "exempt employee" in any one of the defendant's 4,901 stores. There,..., Case Law Alert - 1st Qtr 2010
New Jersey Professional Liability January 1, 2010
  The neighbor disputed the boundary between the parties' properties. The owners defended by relying on the accuracy of the survey they obtained from the surveyor. The owners’ third-party complaint did not allege..., Case Law Alert - 1st Qtr 2010
Florida Automobile Liability January 1, 2010
This action arises out of a motor vehicle collision in which the plaintiff was rear-ended by the defendant's vehicle and filed a subsequent negligence claim. The defendant claims that the cause of the accident was by an unidentified "phantom" third-..., Case Law Alert - 1st Qtr 2010
New Jersey Employment Law January 1, 2010
The plaintiff instituted an action under the New Jersey Law Against Discrimination and ADA alleging that he was unable to use the facilities due to numerous structural barriers. The plaintiff sought injunctive relief in the form of a mandate that..., Case Law Alert - 1st Qtr 2010
Federal Employment Law January 1, 2010
In Gregory, a teacher filed a race discrimination lawsuit against her former employer, co-workers, union officials, and the parent of one of her students after her resignation. At the time of the plaintiff's resignation, she executed a release..., Case Law Alert - 1st Qtr 2010
New Jersey Health Care Liability January 1, 2010
The Appellate Division upheld the dismissal of the plaintiff's wrongful death complaint because it was filed beyond the applicable statue of limitations. The court rejected the plaintiff's argument that the discovery rule should apply because the..., Case Law Alert - 1st Qtr 2010

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