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16 Aug 2021, 11:33 am by Mark S. Sidoti and Jessica A. Huse
Finally, the court denied the plaintiffs request that he was due $4,000 in statutory damages under California’s Unruh Act for each of his visits to defendant’s website. [read post]
2 Aug 2017, 6:48 am by Scott Andrews
On review, the transit authority alleged that the trial court improperly held it liable for the plaintiffs damages and that it held the transit authority to the same legal standard of care as a common carrier. [read post]
3 Jun 2011, 5:19 pm by Will Aitchison
The employer’s theory was that “plaintiffs’ counsel presented a claim on behalf of certain plaintiffs–busboys and waiters (i.e., ‘correctly tipped employees’)–where, if they prevail, will expose other plaintiffs–’polishers’ and ‘managers’ (i.e., ‘incorrectly tipped employees’)–to liability. [read post]
30 Aug 2011, 7:17 am by The Docket Navigator
" "96% of plaintiffs overall sales were from the patented device thus making it an extremely valuable component of plaintiffs business. . . . [read post]
8 May 2020, 10:19 am by Nassiri Law
” The district manager heard from one of plaintiffs subordinates that he had been disciplined by plaintiff for work performance issues and sought a transfer. [read post]
19 Dec 2012, 4:15 pm
Plaintiffs reports are insufficient to show whether plaintiff sustained serious injury under the permanent consequential limitation of use or significant limitation of use categories of New York State Insurance Law § 5102(d). [read post]
3 May 2017, 4:35 am by Moll Law Group
Woman Injured by Discus at School Track Meet Obtains $350,000 Settlement An 83-year-old woman and her husband were attending a high school track meet when the woman was hit by a student’s discus. [read post]
12 Jun 2014, 10:00 pm by Doug Austin
Clark III granted the plaintiffs protective order to prevent the defendant from proceeding with a new deposition to review whether the plaintiff had used “appropriate search tools for ESI discovery,” after the requested discovery documents had already been produced. [read post]
29 Jun 2011, 8:59 pm by Peter Vodola
The court rejected the plaintiff's attempt to add a claim for punitive damages, noting that a bald allegation that American General's conduct was "sufficiently egregious" to warrant such damages did not satisfy the requirement, under applicable New York law, that the conduct must be "reaching towards criminal indifference. [read post]
31 Jan 2014, 7:00 am by Jon Robinson
  The district court dismissed Plaintiffs claims for lack of subject matter jurisdiction, determining that Plaintiffs remedy was found in the Defense Base Act “DBA,” and not in a tort suit. [read post]
5 Feb 2018, 4:20 am by Howard Friedman
The court also held that adjudicating plaintiff's claims will not necessarily involve examination of church doctrine or internal church governance. [read post]
14 Sep 2020, 3:40 pm by Matthew Vance
The court disagreed with the defendant’s approach, characterizing it as an invitation to the jury to speculate that the plaintiff was impaired at the time of the accident because he had been drinking the day before. [read post]
20 Mar 2013, 12:22 pm by Seyfarth Shaw LLP
  On remand, the court must now apply the rigorous analysis required by Dukes in determining whether plaintiffs have met their burden of proving that Rule 23’s requirements are satisfied and that a class may be certified. [read post]
5 Sep 2007, 4:03 pm
The Court of Appeal held that there is only one plaintiff, at least for the purposes of a Code of Civil Procedure section 998 settlement offer.Husband and wife John and Gloria Peterson sued John Crane, Inc. alleging that John's asbestosis and lung cancer were asbestos-related. [read post]
27 Mar 2012, 3:02 pm by Medicare Set Aside Services
What made this opinion interesting was plaintiff's counsel's assertion that because Medicare had not asserted a lien against the suit, that it was not going to therefore there was no Medicare reimbursement obligation. [read post]
1 Jan 2014, 10:20 am by Venkat Balasubramani
Of course, being a privacy case, it’s a tough case from the defense side to argue that regardless of what the statute said plaintiffs are not entitled to recovery. [read post]