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Search results for "americans with disabilities act"

1393 results found for "americans with disabilities act"

  • Vacating a Judgment by Confession Due to Fraud

    judgment in escrow, can file the confession of judgment with a county clerk without having to commence an action as provided in section thirty-two hundred one, a judgment by confession may be entered, without an action Plaintiffs commenced the action seeking, inter alia , to vacate an ex parte judgment taken by confession Defendant did not consent to the requested reduction and, two days later, filed an ex parte action in The Court held that plaintiffs sufficiently pleaded their causes of action for fraudulent inducement

  • Failure To Allege Theft Of Trade Secrets By Wrongful Means Dooms Claim For Relief

    and Massachusetts, the protection of trade secrets is generally governed by the Uniform Trade Secrets Act Theft, bribery, and misrepresentation are among the acts considered to be “improper means.” indirect subsidiary, G&E Acquisition Company, LLC (“G&E Acquisition”), of certain assets and causes of action Motion Court Proceedings Defendants moved to dismiss the action in its entirety. claim for misappropriation of trade secrets <,> ” the court noted that “other tortious and wrongful acts

  • Contract Interpretation: Words Have Meaning

    remaining claim for breach of the license agreement after the motion court dismissed all other causes of action

  • How Short is Too Short?

    Often, the issue of reasonableness turns on the accrual date for the cause of action. Plaintiff commenced the action on April 26, 2016. DiGesare did not commence the action until April 26, 2017. DiGesare appealed. Had plaintiff attempted to commence an action within the six-month period, the action would have been they require him/her to act more quickly than the law would have otherwise permitted.

  • Agreement to Arbitrate All Disputes Arising From The Agreement Includes Malpractice Claims

    parties were “waiving their rights to maintain other available resolution processes, such as a court action

  • Former Employees’ Parting Creates Sorrow (But Not The Sweet Kind) For Former Employer

    Plaintiff’s fifth cause of action sounded in conversion and was based on Plaintiff’s allegation that relationship is the proposition that an employee is to be loyal to his employer and is prohibited from acting Plaintiff’s cause of action against TCS for aiding and abetting the fiduciary duty breaches by YAI’s that some of the individual defendants were YAI employees, who “clearly knew that those employees were acting allegations in the complaint, the court found it “implausible to believe that the Former YAI Employees acted

  • Typographical Errors, Grammatical Mistakes, and Other Obvious Errors Do Not Render a Contract Ambiguous, Says The New York Court of Appeals

    Plaintiff commenced the action to recover compensation allegedly owed under the amended Referral Agreement As relevant to the appeal, the first cause of action alleged that nonparty Eldridge Industries Inc.

  • Protecting Your Business From Employee Lawsuits

    establish compensation for hourly wages and overtime work in accordance with the Fair Labor Standards Act indemnifies executives from claims that are brought against them individually in connection with business activity

  • THE FIRST DEPARTMENT DECIDES AN ISSUE OF FIRST IMPRESSION RELATED TO THE MAILING REQUIREMENT WHEN SERVICE OF PROCESS IN MADE PURSUANT TO CPLR 308(2)

    prohibiting the inclusion of information indicating that a communication ‘is from an attorney or concerns an action In deciding the action, the First Department held that “where a defendant’s address serves a dual purpose This requires a “constitutionally adequate connection between the defendant, the State and the action The Board of Managers of the Condominium Association commenced an action to foreclose its lien on the Plotch’s action to quiet title was dismissed due to the clear “subject to” language on, inter alia ,

  • Court Strikes Complaint As Sanction For Spoliating Evidence

    should be full disclosure of all matter material and necessary in the prosecution or defense of an action Plaintiff commenced the action asserting four causes of action arising from allegations that defendant Two of the causes of action were previously dismissed, leaving only plaintiff’s causes of action for motion pursuant to CPLR 3126, striking the complaint and dismissing plaintiff’s remaining causes of action “Thus,” concluded the Court, “on the facts presented in this action, we conclude that the court did

  • Enforcement News: SEC Charges Founder of Joonko with Perpetrating An “Old School Fraud Using New School Buzzwords”

    investors that Joonko had earned more than $1 million in revenue and was working with more than 100,000 active In a parallel action, the U.S.

  • Guaranty Provision Referencing “Other Obligations” Held Insufficient To Defeat Motion For Summary Judgment In Lieu Of Complaint

    proof of nonpayment or a similar de minimis deviation from the face of the document.” 2 Generally, an action on a guaranty is an action for payment of money only. 3 The same standards that apply to motions for As noted, to obtain judgement pursuant to CPLR § 3213, the movant must demonstrate that its “action is

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