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13 Jun 2024, 11:00 pm
” And, in this instance, it thought that DB had stated a contract breach claim.Among other things, he “alleged (1) the existence of an employment contract, (2) plaintiff's performance under the contract, (3) that defendants breached the contract by not paying him, and (4) resulting damages. [read post]
13 Jun 2024, 9:05 pm by Maddy Carter
In a unanimous decision, the Court determined that the plaintiffs who opposed the FDA approval of the drug were not personally harmed by the FDA’s policies because none of the plaintiffs had ever prescribed or used the drug. [read post]
13 Jun 2024, 9:00 pm by Leslie C. Griffin
Chief Justice John Weimer dissented, as did Justices William Crain and Jay McCallum.The plaintiffs and the State’s Attorney General asked the court to rehear the case. [read post]
13 Jun 2024, 7:51 pm by Josh Blackman
It's well established that, if a plaintiff has "concrete plans" to visit an animal's habitat and view that animal, that plaintiff suffers aesthetic injury when an agency has approved a project that threatens the animal. [read post]
13 Jun 2024, 7:00 pm by Howard Friedman
For that reason, the federal courts are the wrong forum for addressing the plaintiffs’ concerns about FDA’s actions. [read post]
13 Jun 2024, 3:17 pm by McNicholas
” ### McNicholas & McNicholas, a Los Angeles-based plaintiff-trial law firm, represents clients in the areas of catastrophic personal injury, employment law, class actions, sexual abuse, and other consumer-oriented matters such as civil rights, aviation disasters, and product liability. [read post]
13 Jun 2024, 2:21 pm by Jonathan H. Adler
Article III does not allow a plaintiff to seek to vindicate someone else's injuries. . . . [read post]
13 Jun 2024, 12:55 pm by John Elwood
The majority held that the description of the plaintiffs’ expert report was sufficiently particular to survive a motion to dismiss; it also held that the plaintiffs had adequately pleaded that NVIDIA’s CEO “would have” known about supposed internal documents and that those documents “would have” reflected the same data that the plaintiffs’ expert created through after-the-fact calculations. [read post]
13 Jun 2024, 11:15 am by Josh Blackman
Theory #1: Standing Based on Conscience Objections The first theory asserts "that FDA's relaxed regulation of mifepristone may cause downstream conscience injuries to the individual doctor plaintiffs and the specified members of the plaintiff medical associations, who are also doctors. [read post]
13 Jun 2024, 11:11 am by Eugene Volokh
(The case involved plaintiff's attempt to register the mark "Trump Too Small," but the legal issue went far beyond this mark.) [read post]
13 Jun 2024, 10:30 am by Robert Zulandt
Acerchem Int’l, Inc. emphasized that a defendant’s own contacts with the forum state are critical, rather than their knowledge of the plaintiffs connections to the forum. [read post]
Arguing that Congress has never permitted presidents to bar asylum based solely on an immigrant’s manner of entry, the plaintiffs asked the court to block enforcement of the new rules pending the outcome of the case. [read post]
Pam Karlan: And we’re not even counting in the cases where people don’t get to court in the first place: individual plaintiffs who’ve been defrauded or wronged, who would go up against a corporate defendant if they had a lawyer or the resources. [read post]
Plaintiffs advance several complicated causation theories to connect FDA’s actions to the plaintiffs’ alleged injuries in fact. [read post]
13 Jun 2024, 8:13 am by Amy Howe
” Finally, Kavanaugh dismissed any suggestion that the challengers “must have standing because if these plaintiffs do not have standing, then it may be that no one would have standing to challenge FDA’s 2016 and 2021 actions. [read post]
13 Jun 2024, 8:13 am by Kaitlin Schoberl
Additionally, Podhurst Orseck’s Appellate and Mainly Plaintiffs Litigation practices were recognized among the nation’s leading law firms. [read post]
13 Jun 2024, 8:06 am by Derek Muller
Many lawsuits are thrown out for lack of… Continue reading The post Could the Court’s unanimous decision in FDA v. [read post]