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Knecht v. City of Cincinnati, et al.

Order Rejecting Report & Recommendation

Order issued from the United States District Court for the Southern District of Ohio, Western Division, rejecting the Report & Recommendation and remanding the case to the Magistrate Judge for further consideration. The...more

What Happens Now: The Aftermath of DOMA (Defense of Marriage Act)

What Happens Now: The Aftermath of DOMA (Defense of Marriage Act) by James F. McDonough, Jr. on August 1, 2013 The United States Supreme Court recently struck down the Defense of Marriage Act (DOMA) as...more

Knecht v. City of CIncinnati, Ohio, et al.

Objections to Report and Recommendation

Magistrate Stephanie Bowman of the United States District Court for the Southern District of Ohio, Western Division, submits a Report and Recommendation to have this civil rights action dismissed. On the wrong...more

Disabled Americans for Firearms Rights, LLC et al v. Dannel P. Malloy, Governor

Memorandum of Law in Opposition to Motion to Dismiss

Below is the Plaintiff's Objection to the Motion to Dismiss filed by the State of Connecticut Attorney General's office on behalf of Gov. Malloy. The State moved to dismiss this declaratory judgment action on the grounds of...more

Tenth Circuit Rules in Favor of Religious For-Profit Corporations in Birth Control Litigation under the Affordable Care Act

In Hobby Lobby Stores, Inc. et al. v. Sebelius, et al.,1 an en banc panel of the U.S. Court of Appeals for the Tenth Circuit held that Hobby Lobby Stores Inc. and Mardel Inc., two for-profit corporations owned and operated by...more

Woodbridge Structured Funding, LLC v. Pissed Consumer, et al.

Opinion and Order Denying Disclosure of Identity of Anonymous Website Commenters

The petitioner sought an order forcing PissedConsumer.com, an Internet message board, to provide— on virtually no notice, and without any notice to the third parties involved — information identifying one or more anonymous...more

Court Stops Serial Plaintiff's Latest Effort: Payne v. Chapel Hill North Properties

The United States District Court for the Middle District of North Carolina recently dismissed an Americans with Disabilities Act (“ADA”) case filed by Denise Payne, a Florida resident, and National Alliance for Accessibility,...more

Police Department City of New York v. Sergeant Raymond Stukes

Motion to Adjourn

Motion to Adjourn Trial ...more

It's Not Defamation if No One Knows It's You -- Sammy Hagar Defeats Defamation Claim

The first element of defamation is sometimes forgotten. The defamatory statement must be about the plaintiff. In most instances that will be self-evident, but sometimes the identity of the person being defamed will be known...more

Monty Green v. The City of New York, et al.

Complaint

More importantly, at no time, did any internal investigator observe him solicit anyone for sexual favors in exchange for monies; observe him hire anyone as a sex worker to perform sexual favors for others in exchange for...more

How to Use the “Wall of Wrong” to Determine if a Proposed Defamation Case is a SLAPP -- Shaheen Sadeghi v. Delilah Snell

The tale starts with an article in OC Weekly. The article was about a guy named Shaheen Sadeghi. The article was extremely favorable to Sadeghi, referring to him as the “Curator of Cool” and discussing his amazing success in...more

Anti-SLAPP Law Does Not Protect Civil Extortion by Attorneys

Despite the prohibitions against doing so, some attorneys can’t resist throwing a threat of criminal action into their demand letters. They apparently think (if they give it any thought at all) that an express or veiled...more

Miguel Mendoza v. Reed K. Hamzeh

Court Rules that Attorney's Demand Letter is Not Protected under Anti-SLAPP Law

Following the prior decision of Flatley v. Mauro, the California Court of Appeal in Miguel Mendoza v. Reed K. Hamzeh finds that a demand letter from an attorney which threatens criminal prosecution is not protected under the...more

Cyprus: To Litigate or Not to Litigate?

Harneys’ Cyprus Banking Group is closely monitoring a legal challenge to the bail-out legislation which is currently before the Cyprus courts....more

Disabled Americans for Firearms Rights, LLC et al v. Dannel P. Malloy, Governor

Complaint for Declaratory Judgment and Injunctive Relief

Scott Ennis of New London, CT and his group Disabled Americans for Firearms Rights, have filed the first legal challenge against CT's newly enacted gun law. This action for declaratory judgment and injunctive relief asks...more

CWP 2693 of 2010/ 9968 of 2009 [Hemant Goswami vs. Union of India]

Final Order of High Court in Child Labour Case

Under the J.J. Act of 2000, a person up to the age of 18 years is treated as ‘child’. Same age is prescribed under the CPCR Act, 2005 as well. However when it comes to prohibition of Child Labour Act of 1986, the definition...more

Naffe v. Frey, et al.

Reply Brief in Support of Motion to Dismiss First Amended Complaint for Failure to State a Claim (FRCP 12(b)(6))

In his Renewed Motion to Dismiss (“the Motion”), Mr. Frey established that the First Amended Complaint (“FAC”) fails utterly, as did its predecessor, to meet the standards required to sustain a lawsuit under Fed. R. Civ. P....more

Inmates Claim County is Depriving Them of Basic Medical and Mental Health Care - Similar Lawsuits Expected to be Filed as Counties...

Inmates in the Riverside County jails served a federal class-action lawsuit last week, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. Among...more

7th Circuit Extends Bivens Civil Rights Actions to Brady Violations

This week we examine the hugely important 7th Circuit case Engel v. Buchan that found that the violations of the Brady v. Maryland right requiring a prosecutor to disclose potentially exculpatory evidence to a criminal...more

Woodbridge Structured Funding, LLC v. Pissed Consumer, et al.

Response Opposing Order to Show Cause Seeking the Identity of Anonymous Website Commenters Pursuant to CPRL 3102

The petitioner sought an order forcing PissedConsumer.com, an Internet message board, to provide— on virtually no notice, and without any notice to the third parties involved — information identifying one or more anonymous...more

Larry Jackson v. The City of New York, et al.

Amended Complaint

A NYPD officer claims in a lawsuit that he may be forced to retire due to a hand injury he sustained during a brutal beat-down by fellow officers outside his Queens home. Larry Jackson contends the cops – who responded to...more

Lisette Pedrosa v. The City of New York, et al.

Verified Complaint

Pedrosa, who is a Puerto Rican Female, says that from January 2010 through this day, she has been retaliated against after complaining about being subjected to the highly offensive sexual conduct of Lieutenant Salvatore...more

Naffe v. Frey, et al.

Brief in Support of Motion to Dismiss First Amended Complaint for Failure to State a Claim (FRCP 12(b)(6))

From the Introduction: This is a motion to dismiss Plaintiff’s First Amended Complaint (“FAC”). In moving to dismiss the first Complaint filed in this action, defendant John Patrick Frey (and former defendant Christi Frey)...more

Nelson Fernandez v. The City of New York, et al.

Verified Amended Complaint

Plaintiff alleges race and gender discrimination at NYPD Transit District 4. He alleges that his supervisor Deputy Inspector Thomas Connolly sexually harassed him, then filed a defamation lawsuit against him in violation of...more

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