(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.) The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) Nowhere does Dr. X. challenge the Retirement Board’s January of 2005 decision to retire plaintiff. There simply isn’t any testimony relating to the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.) The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) IT WAS NOT ERROR TO ALLOW EVIDENCE OF ACTS THAT OCCURRED PRIOR TO JUNE 10, 2004 A. Events from February of 2004 to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/sex discrimination case and its proceedings.) iv. Failure to follow its own policies is evidence of pretext Defendant’s failure to follow its own policy is evidence of pretext.…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.) The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) B. The Application for Involuntary Disability Retirement was an Adverse Employment Action The defendant cynically claims that it had a duty to apply…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.) Several California cases strongly encourage the Court to exercise its discretion liberally to permit amendments of the pleadings. Nestle v. Santa Monica (1972)…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/sex discrimination case and its proceedings.) ii. The negative comments about Plaintiff’s pregnancy, accommodation requests and complaints of harassment show pretext: Statements by a decision maker, which shed…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.) 11. As a further direct and proximate result of Defendants’ negligence, Plaintiff suffered severe and debilitating pain, anxiety and emotional distress, and will…