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28 May 2024, 4:30 am by Eric B. Meyer
In employment discrimination cases where a defendant-employer articulates a legitimate, nondiscriminatory reason for the employment action, the plaintiff has the burden then shifts to the plaintiff-employee to establish that the employer’s reason was a pretext for discrimination, i.e., the defendant’s reason for, say, terminating the plaintiffs employment is false. [read post]
28 May 2024, 3:24 am
The applicant's injury is derivative: absent injury to Hobbs Winery's mark, there can be no injury to appellant. [read post]
28 May 2024, 1:18 am by Rachael Duke
Once you’ve gathered information and evidence through written discovery, depositions will likely be requested and scheduled.Party DepositionsThe first depositions taken are usually the party depositions, the plaintiff(s) and defendant(s). [read post]
27 May 2024, 11:00 pm
”Absent such a demonstration, and since the defendants raised an “issue of fact” as to her responsibility for the collision, the AD2 left the motion’s denial undisturbed.Now who was culpable for that? [read post]
27 May 2024, 1:49 pm by Kevin LaCroix
Plaintiffs Attorney Marketing as a Signal of Corporate Litigation Risk,” can be found here. [read post]
27 May 2024, 12:40 pm by Philip Pillsbury
  After Protective denied Plaintiffs claim for total disability benefits, Plaintiff filed suit for breach of contract and bad faith in San Francisco County Superior Court. [read post]
27 May 2024, 11:54 am by Eugene Volokh
All plaintiffs adequately pled a conflict between their Christian religious beliefs and Mayo Clinic's Covid-19 policy. [read post]
27 May 2024, 10:48 am
Ford’s bias, noting his comments that suggested a predisposition towards viewing the plaintiff's symptoms as psychosomatic or fraudulent. [read post]
27 May 2024, 8:48 am by Francis Pileggi
The court also engaged in an extensive discussion of the Delaware Uniform Contribution Among Tortfeasors Act (DUCATA), and how to allocate damages when a plaintiff releases some, but not all tortfeasors, and later recovers damages in a higher amount. [read post]
27 May 2024, 8:32 am by Francis Pileggi
However familiar and pedestrian the elements for a breach of contract claim are, it’s always useful to be reminded of them. [read post]
27 May 2024, 5:03 am by Matthew D. Roy
Reportedly, in December 2018, federal authorities raided the plaintiffs’ business operations, uncovering substantial fraud, which led to the plaintiffs and several related entities filing for Chapter 11 bankruptcy. [read post]
27 May 2024, 5:00 am
”Given that practice, the AD2 agreed with the court below that the case wasn’t time-barred, and that the litigation could continue.Think it’s time to pay up? [read post]
27 May 2024, 2:56 am by H. Juanita Beecher, FortneyScott
A private plaintiffs $366M race verdict against FedEx was reduced to $249,000. [read post]
27 May 2024, 2:50 am by EitanBA
  The Court also denied the bank’s request to dismiss our Plaintiffs claim for injunctive relief under California’s Unfair Competition Law. [read post]
26 May 2024, 11:00 pm
s expert were viewed as entirely speculative in nature, the AD2 affirmed the dismissal.Was that lawsuit filed by accident? [read post]
26 May 2024, 11:00 pm
s expert were viewed as entirely speculative in nature, the AD2 affirmed the dismissal.Was that lawsuit filed by accident? [read post]