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27 Jul 2016, 10:45 am by Eric Beasley
Typically, when a plaintiff alleges a claim of negligence in Tennessee courts, the plaintiff must prove all the necessary elements of a negligence claim, including duty, a breach of that duty, causation, and damages. [read post]
Earlier this year, lawyers for plaintiffs applied to the MDL Panel for consolidation of all COVID-19 business interruption cases in federal courts throughout the country. [read post]
16 Jan 2024, 11:33 pm by Carol Holness (ZA)
The plaintiff (now deceased) was arrested in 2008 by a police officer without a warrant and was detained for 10 days on charges of theft and corruption. [read post]
7 Aug 2012, 4:10 am by Max Kennerly, Esq.
The original for this post is Tort Reform “Policy”: Injury Plaintiffs Should Always Lose at Litigation & Trial Lawyer Blog.Over on Twitter, where all the major debates of our time are reduced to the length of text messages, I got into a discussion with Ted Frank. [read post]
30 Jul 2014, 10:01 pm by Evan Brown (@internetcases)
In all copyright infringement cases, a plaintiff must prove, among other things, that the defendant copied elements of plaintiff’s work that are protected by copyright. [read post]
29 Apr 2015, 2:31 pm by Kevin
Plaintiff allegedly proposed all this to Disney in 2014, only to be rebuffed. [read post]
26 Jun 2007, 7:41 am
Cottrell, Inc., No. 5-06-0316 (5th Dist. 2007) (pdf), the plaintiff argued that 212(a)(5) should not bar the use at trial of a discovery deposition of a deceased plaintiff if the deposition was also admissible under 212(a)(3), which states that a discovery deposition can be used at trial "if otherwise admissible as an exception to the hearsay rule. [read post]
15 Dec 2020, 5:45 pm by DeFrancisco & Falgiatano
All too often, however, the plaintiff’s claims are dismissed due to procedural defects, as illustrated in a recent New York ruling where the court dismissed the plaintiff’s psychiatric malpractice claim due to failure to prosecute. [read post]
30 May 2017, 6:58 am by Javier F. Flores and Michael D. Resnick
  Plaintiff entered into a contingent fee agreement with Plaintiff’s Firm, whereby it would front all litigation expenses and only receive reimbursement, if there was a recovery on Plaintiff’s behalf. [read post]
30 Dec 2009, 8:15 am by Jim Reed
" The three conditions set forth by the court are: 1. that the advice was incorrect, 2. that it was foreseeable that the plaintiff would rely on the advice, and 3. that the plaintiff detrimentally relied on the advice. [read post]
28 Jul 2022, 8:17 am by Howard Wasserman
The argument goes that if a court declares a law facially invalid--invalid as to all persons, beyond the plaintiff--then it must be able to enjoin enforcement as to all persons, beyond the plaintiff. [read post]
28 Jun 2020, 1:57 pm by Allan Blutstein
Summaries of all published opinions issued since April 2015 are available here. [read post]
4 Dec 2023, 8:46 am by Allan Blutstein
Summaries of all published opinions issued since April 2015 are available here. [read post]
9 Jul 2023, 2:20 pm by Allan Blutstein
Summaries of all published opinions issued since April 2015 are available here. [read post]
3 Jun 2014, 1:22 am by Andrew Trask
The class action was over; all that was necessary was for someone to call time of death. [read post]