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11 Aug 2011, 10:00 am
The court held that “an unaccepted . . . offer of judgment that fully satisfies a named plaintiff’s individual claim before the named plaintiff files a motion for class certification . . . does not moot the case. [read post]
10 Jul 2017, 3:02 pm
Primary assumption of risk does not require that a plaintiff appreciates the risks of an activity; instead, the issue is whether those risks are “inherent. [read post]
9 Jul 2019, 6:54 pm
The plaintiffs’ bar largely agrees with Justice Sotomayor’s dissent in Bristol Myers that this precedent does little to improve litigation but rather simply creates a multiplicity of suits—requiring duplication of efforts and the potential for conflicting decisions. [read post]
9 May 2010, 12:17 pm
”How does Kagan treat the Buckley principle? [read post]
24 Apr 2013, 9:41 am
But what other mechanism does someone have when they believe that the police are not enforcing the law, they are operating above the law? [read post]
24 Apr 2013, 9:41 am
But what other mechanism does someone have when they believe that the police are not enforcing the law, they are operating above the law? [read post]
27 Nov 2023, 11:29 am
In family law cases, does it matter who files first? [read post]
12 Dec 2007, 7:38 am
New York does not recognize all that many privileges. [read post]
1 Dec 2018, 4:00 am
While Florida does allow contributory negligence, Florida law specifically prohibits defendants from asserting a defense of contributory negligence when it comes to biking accidents. [read post]
26 Nov 2007, 8:42 am
Indeed, the fact that a state has recently tried to improve its protocol is often a key point for a defendant asking for another judicial review. [read post]
19 Feb 2024, 10:36 am
The post Does Acceptance of an Auto Insurance Release Need to be EXACTLY the Same as the Offer? [read post]
16 May 2012, 7:40 am
Nor does the Court find the conduct taken as a whole to be 'so inconsistent' as to constitute a waiver as a matter of law. [read post]
1 Nov 2017, 3:00 am
The defendants removed the case to federal court under federal question jurisdiction. [read post]
4 Mar 2021, 5:28 pm
The privilege does not extend to false statements made outside of official court proceedings. [read post]
14 Jan 2022, 8:00 pm
Being assigned to youthful trainee status does not exempt a person from punishment. [read post]
23 Oct 2015, 3:00 am
The defendants removed the complaint to the federal court under CAFA. [read post]
1 Aug 2018, 7:27 am
There are some federal and state regulations that prohibit the sale of alcohol or certain over-the-counter medications without identification, but that does not extend to basic food or cleaning products. [read post]
26 Apr 2011, 1:55 am
She does not get her down payment back. [read post]
5 May 2022, 12:15 am
Together with the Investor Choice Advocates Network (ICAN),they have filed an amicus brief making the following points: The SEC’s Gag Orders Conceal Information from the Market The SEC’s “Hobson’s Choice” Settlements Are No Substitute for Market Transparency The SEC Demands Transparency Regarding Settlements Between Private Parties The SEC Is Not Infallible and Should Welcome Exposure of Its Unproven Allegations to Scrutiny To this list, I would… [read post]
13 Jun 2014, 2:35 pm
The Court does not find, at this point in time, enough solid evidence to find that the defendant committed a fraud upon the court when he entered his plea. [read post]
