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9 May 2024, 11:30 am by Guest Blogger
”Pozen’s pithy description of the Court’s lust for drug prohibition is also true of Justice’s Kennedy’s reluctance to embrace the joy of sex: “It didn’t have to be this way. [read post]
9 May 2024, 11:10 am by Peter S. Lubin and Patrick Austermuehle
A partner or partnership can bring an action against a co-partner if the plaintiffs claim can be decided without a full review of the partnership accounts. [read post]
9 May 2024, 10:55 am by Dennis Crouch
”  The majority did not address the parameters of due diligence or a copyright holder’s duty to search for infringement, which could impact when a plaintiff “should have known” about the infringing acts. [read post]
9 May 2024, 10:45 am by Lee E. Berlik
A demurrer, on the other hand, allows a defendant to challenge the legal sufficiency of the plaintiffs complaint in situations where the complaint fails to present a valid claim even if one assumes all the plaintiffs allegations are true. [read post]
   To assert a trade dress infringement claim, a plaintiff must demonstrate that their product’s trade dress  (1) is distinctive; (2) is owned by the plaintiff; (3) is nonfunctional; and (4) that the defendant used the trade dress without consent in a way that is likely to confuse the ordinary consumer as to the source, sponsorship, or affiliation of the product. [read post]
The court found that a Title IX retaliation plaintiff need not plead that she is a university student or faculty member to have statutory standing. [read post]
9 May 2024, 9:01 am by Seeger Weiss
One of the nation’s preeminent plaintiffs’ law firms, Seeger Weiss is best known for multidistrict mass torts and class actions in both state and federal court—and especially for taking those cases to trial. [read post]
9 May 2024, 7:12 am by Second Circuit Civil Rights Blog
The district court ruled on -- and rejected plaintiff's post-trial motion -- on April 28, 2023. [read post]
9 May 2024, 6:36 am by David Klein
Duguid, telemarketing plaintiffs are relying less on alleged violations of the TCPA’s autodialer provisions and more on Do Not Call claims. [read post]
The duty of care was breached by the employer, the plaintiffs suffered damage and the damage was caused by the employer’s breach. [read post]
9 May 2024, 5:00 am
The Plaintiffs counsel also pointed to the multiple efforts to have the Sheriff’s office complete service. [read post]
9 May 2024, 4:30 am by Eric B. Meyer
(If you lose the case, you’ll also have to pay the plaintiffs attorney’s fees.) [read post]
9 May 2024, 4:10 am by Howard Friedman
Complaints by members of the public are a condition precedent to the Attorney General’s exercise of his lawful authority....Because it frustrates needed investigation into potentially unlawful abortions, IDOH’s refusal to disclose TPRs to Plaintiffs places human lives at risk. [read post]
8 May 2024, 6:16 pm by Michael Douglas
Taking the plaintiffs position first, the fact that India has not adopted the CISG is actually not fatal to the Convention’s application. [read post]