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15 Jun 2024, 7:01 am by David Adelstein
Thus, a plaintiff must prove by objective evidence, the existence of an offer and a reciprocal acceptance to show the mutuality of intent necessary for the formation of an implied-in-fact contract” Fox Logistics, supra, at *8 (internal citations and quotations omitted). [read post]
14 Jun 2024, 9:58 pm by Ryan J. Farrick
“Musk thinks he’s above the law,” said Laurie Burgess, an attorney representing the plaintiffs. [read post]
14 Jun 2024, 4:21 pm
The court explained that most derivative injury claims seek recovery for losses sustained because of “a loved one’s disability or death, rather than for the plaintiffs own physical injuries or death. [read post]
14 Jun 2024, 3:38 pm by Steve Bainbridge
(As I have said many times before, the real party in interest in derivative litigation is the plaintiff's lawyer not the nominal plaintiff. [read post]
14 Jun 2024, 3:29 pm by Yosi Yahoudai
The attack on Alvarado “lasted at least 20 minutes and was a savage mauling in which both of Plaintiff Argelia’s arms were brutally shredded, with her right arm broken into pieces and almost entirely severed above her elbow,” according to the lawsuit filed in July 2021. [read post]
14 Jun 2024, 3:01 pm by Jonathan H. Adler
Before reaching the merits, however, the panel had to address the government's arguments that the plaintiff states lacked standing, that the guidance documents were not final agency actions subject to judicial review, and that judicial review of these actions was precluded. [read post]
14 Jun 2024, 1:46 pm by Steve Bainbridge
  But it’s also potentially built into Texas law, which may be interpreted as requiring plaintiffs to clear a higher bar for showing a lack of board independence. [read post]
14 Jun 2024, 1:43 pm by Byron Stier
From the New Jersey Law Journal and law.com: Plaintiffs Move to Present Johnson & Johnson's Plans in 3rd Talc Bankruptcy, by Amanda Bronstad. [read post]
14 Jun 2024, 12:54 pm by Howard Friedman
The injunction applies to the states that were plaintiffs in the case-- Louisiana, Mississippi, Montana and Idaho. [read post]
14 Jun 2024, 12:30 pm by John Ross
Fifth Circuit (unpublished): If things happened the way the plaintiffs say, that was obviously excessive force. [read post]
14 Jun 2024, 11:46 am by Howard Friedman
Rejecting plaintiff's claim that the hospital violated Title VII by refusing to accommodate her religious beliefs, the court said in part:[T]he Court concludes that Plaintiff's requested accommodation was not reasonable as it was a blanket exemption request which would have allowed her to continue interacting with staff and vulnerable patients while unvaccinated. [read post]
14 Jun 2024, 11:36 am by Eric Goldman
I can’t see what’s happening in state court, but I have no reason to believe that it’s any less contentious. [read post]
14 Jun 2024, 9:14 am by Aimee Hess
June 7, 2024), the Plaintiffs oil and gas leases had a late charge provision that provided for interest on unpaid royalties at a rate of 18% and said the charge was due and payable on the last day of each month. [read post]
14 Jun 2024, 9:08 am
Riley(Claim for exemption from bank execution pursuant to statute ((Supp. 2022) § 52-376b); claim that trial court improperly determined that plaintiff's opposition to claim of exemption was barred by doctrine of collateral estoppel or res judicata; claim that trial 2 court improperly failed to hold evidentiary hearing before granting defendant's claim for exemption from execution). [read post]
14 Jun 2024, 8:36 am by Scott Bomboy
Therefore, the plaintiffs lack standing to challenge FDA’s actions. [read post]
14 Jun 2024, 5:26 am by Michael C. Dorf
To give just one of Justice Kavanaugh's examples, under the plaintiffs' theory, an EPA decision to roll back emissions standards could be challenged by doctors who say that this will lead to more patients with asthma. [read post]