Tag Archives: defendant

Federal Appellate Court Affirms Summary Judgment in Favor of Defendant under Daubert Standard

A federal appellate court recently issued an opinion in a personal injury case that was appealed by a plaintiff after the district court excluded the plaintiff’s expert witness testimony. The case is important for New Mexico personal injury plaintiffs, because … Continue reading

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Federal defendant unable to get jury to hear "Trump defense" relating to "flipping"

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Zoning Appeal Plaintiff Must Prove Standing, Even if Defendant Town Does Not Contest Issue at Trial

On Tuesday, the Appeals Court issued its opinion in Talmo v. Zoning Board of Appeals of Framingham.  Massachusetts suffers no shortage of case law on standing (the right to file suit) in zoning appeals.  In this case, the issue was … Continue reading

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Lawsuit Proceeds Despite Plaintiff’s Release of Defendant

Although this took place in a setting of a personal injury action, the court’s decision with these facts is broad enough to include other settings. In this case, the plaintiff was injured in a car accident and accepted a settlement … Continue reading

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Determining if a county is obligated to provide for the defense and indemnification a county officer named as a defendant in a lawsuit against the County

Determining if a county is obligated to provide for the defense and indemnification a county officer named as a defendant in a lawsuit against the County  Dunn v County of Niagara, 2018 NY Slip Op 03271, Appellate Division, Fourth DepartmentDanny … Continue reading

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