...r alleges that police unlawfully stopped him once last year. He seeks damages for the completed stop and an injunction barring the department from using similar tactics against anyone. Driver does not allege that he expe...
Citations: City of Los Angeles v. Lyons, O'Shea v. Littleton
...elaware consumer statute. The statute authorizes individual statutory damages but says that statutory damages under that section "may not be recovered on behalf of a class." The named plaintiff moved to certify a Rule 23...
Citations: Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., Fed. R. Civ. P. 23, 28 U.S.C. section 2072
A patient sued a Delaware hospital after a medication error. The patient noticed the hospital's Rule 30(b)(6) deposition and listed topics including medication-administration policies in the surgical unit, training on ba...
Citations: Fed. R. Civ. P. 30(b)(6), 30(c), 34, 37, Del. Super. Ct. Civ. R. 30(b)(6), 34, 37
A software company sued a former employee in Delaware Superior Court for breach of contract, trade secret misappropriation, and fraud. The court granted the employee's Rule 12(b)(6) motion on the contract claim without l...
Citations: Del. Supr. Ct. R. 6, Del. Supr. Ct. R. 42
Mateo is tried before a Delaware jury for assault with a deadly weapon. The jury is sworn, the only alternate juror is excused for hardship, and the prosecution presents two days of testimony. On the third day, a sitting...
Citations: Arizona v. Washington, United States v. Perez, Oregon v. Kennedy, People v. Batts, Penal Code Section 1023
...e original deck work and sought the same repair costs and living-room damages. The complaint also alleged that, after the first judgment, the contractor returned for a separate warranty visit and punctured a new waterpro...
Citations: Restatement (Second) of Judgments Section 24, Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., Delaware claim preclusion doctrine
...e a small speech zone. Student filed a federal action seeking nominal damages for the citation, a declaration that the policy was unconstitutional, an order requiring College to remove the citation from Student's discipl...
Citations: Already, LLC v. Nike, Inc., Friends of the Earth, Inc. v. Laidlaw Environmental Services, Uzuegbunam v. Preczewski, City of Los Angeles v. Lyons
...t be reduced by the unpaid contract balance. Analyze Owner's contract damages, including repair or completion costs, delay damages, mitigation, and offsets. This essay tests expectation damages, repair costs, mitigation...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3300., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3358.
...mendment did not bar liability, but it remanded the case for trial on damages, causation, and several unresolved statutory defenses. Publisher immediately petitioned the U.S. Supreme Court for review of the First Amendme...
Citations: 28 U.S.C. sec. 1257, Cox Broadcasting Corp. v. Cohn
...same six weeks, but the record contains disputed facts about whether damages would be inadequate and whether a negative injunction would be reasonable in scope. Two weeks before opening, Performer refused to rehearse an...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3300., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3390., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3423.
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