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10 Apr 2012, 6:30 am
In Williams v Homeland Insurance, the Fifth Circuit applied the "local controversy" exception of CAFA to the facts of the case, determining that a class arbitration is not, nor does it preclude a class action. [read post]
17 Jan 2008, 2:07 pm
At para 100 in Malcolm, Lady Justice Arden adopts the approach of Clark v Novacold Limited in employment law, by which the Court considers itself bound, and states: It follows from the example of the guide dog that it does not matter that Lewisham would have treated every tenant who sublet in the same way, even if the tenant had no disability. [read post]
9 Nov 2017, 6:31 am by Wolfgang Demino
Chief Justice Kem Thompson Frost vigorously dissents in a separate opinion with more than 100 footnotes that - alas - did not make it into Google Scholar, but is available on the court's own website in pdf: See Frost Dissent in Godoy v Wells Fargo Bank, N.A., NO. 14-16-00599-CV (Oct. 31, 2017). [read post]
9 Nov 2017, 6:31 am by Wolfgang Demino
Chief Justice Kem Thompson Frost vigorously dissents in a separate opinion with more than 100 footnotes that - alas - did not make it into Google Scholar, but is available on the court's own website in pdf: See Frost Dissent in Godoy v Wells Fargo Bank, N.A., NO. 14-16-00599-CV (Oct. 31, 2017). [read post]
15 Nov 2013, 4:39 am
She heard [him] speak to others `at least 100 times. [read post]
25 Jun 2023, 10:50 pm by Robin E. Kobayashi
Each takeaway is listed below, including the first three specific ones that the Appeals Board discusses in its opinion, along with some quotable quotes: 1. [read post]
16 Sep 2019, 4:30 am by Ray Dowd
DOWD, Copyright Litigation Handbook § 9.9 (2d ed.2013).Williams v Black Entertainment Tel., Inc., 2014 Copr L Dec P 30566 [EDNY Feb. 14, 2014]The Court does find it telling, however, that Woolcott has not submitted photographs displaying both sides of The Woolcott Residence. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
The Second Circuit therefore certified a question to this Court: "Does the 'special duty' requirement—that, to sustain liability in negligence against a municipality, the plaintiff must show that the duty breached is greater than that owed to the public generally—apply to claims of injury inflicted through municipal negligence, or does it apply only when the municipality's negligence lies in its failure to protect the plaintiff from an injury… [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
The Second Circuit therefore certified a question to this Court: "Does the 'special duty' requirement—that, to sustain liability in negligence against a municipality, the plaintiff must show that the duty breached is greater than that owed to the public generally—apply to claims of injury inflicted through municipal negligence, or does it apply only when the municipality's negligence lies in its failure to protect the plaintiff from an injury… [read post]
10 Feb 2012, 8:39 am by Bexis
  Reeves thus adds to this list of cases finding prescription drugs or devices not to be “consumer” goods covered by such statutes:  Williams v. [read post]
27 Mar 2011, 10:46 am by Rick
I could add a third: If not, why does it seem so? [read post]