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30 Apr 2015, 11:00 am by Charles Casper
Don’t miss Microsoft’s in-house counsel Tim Fielden’s post on two important new Ninth Circuit decisions that permitted class action plaintiffs to dismiss their cases voluntarily and then appeal adverse class certification orders without first taking their individual cases to trial and securing a final judgment. [read post]
30 Jun 2017, 9:54 am by Lebowitz & Mzhen
The Facts of the Case The plaintiff was living with the defendant in the defendant’s home when she fell through a wooden staircase that led up to the home’s front door. [read post]
17 Jul 2007, 4:26 am
The Seventh Circuit upheld Judge Coar's cancellation of plaintiff's "Stealth" mark for use with baseball bats. [read post]
11 Apr 2007, 7:17 am
Apr. 4, 2007) In this employment litigation, defendant had asserted as an affirmative defense plaintiff's failure to mitigate her damages. [read post]
9 Aug 2016, 4:42 am by Gregory Dell
The Alabama district court for the Middle District of Alabama meticulously analyzed each of the issues and reviewed all of the plaintiffs medical records. [read post]
17 Dec 2014, 9:59 am by Frankl & Kominsky, P.A.
In response, the defendant brought a motion, asking the court to preclude both the plaintiffs counsel and the plaintiffs videographer from attending the medical examination. [read post]
7 May 2021, 4:00 am by Philip N. Yannella
  Beyond the substantial risk test, plaintiffs and defendants will likely cite different aspects of the Second Circuit’s opinion to advance their arguments. [read post]
23 Aug 2021, 6:00 am by The Law Offices of John Day, P.C.
” Defendant negotiated an $1,800 settlement with the other driver’s insurance company, to which defendant alleged that plaintiff agreed, but plaintiff refused to sign the settlement release. [read post]
12 Jul 2018, 6:27 am by M. Brett Burns and Susan S. Joo
The Eleventh Circuit recently addressed this dynamic head-on, and held that a private settlement entered into by Hooters and a first-filed plaintiff did not moot a nearly identical, later-filed website accessibility lawsuit by a different plaintiff. [read post]
9 Jan 2024, 4:54 pm by Levin Papantonio
Chief Bankruptcy Judge Michael Kaplan’s dismissal of the J&J’s second bankruptcy petition.In October 2023, Papantonio penned a letter to the legal community urging plaintiffs’ attorneys to stand up against J&J’s “abuse of bankruptcy. [read post]
16 Feb 2016, 9:47 am by Lebowitz & Mzhen
The court also needed to determine, if there was a duty that was breached, whether the defendant’s failure to inspect was the proximate cause of the plaintiffs injuries. [read post]
5 Aug 2022, 10:41 am by Second Circuit Civil Rights Blog
The problem for plaintiffs is that a bad fee ruling is very difficult to challenge on appeal, as the appellate judges will defer to the trial court's judgment on how much money the plaintiff is entitled, based on the trial court's familiarity with the case. [read post]
11 Mar 2013, 10:20 am
These alleged statements, read in conjunction with plaintiffs other factual allegations, described plaintiffs claims with sufficient specificity to state a claim under Sections 11 and 12(a)(2). [read post]
7 Nov 2009, 6:29 am
As noted previously in this blog, I authored an amicus curiae Brief at the request of the Pennsylvania Defense Institute on the issue pending before the Pennsylvania Superior Court of whether a plaintiff's prior mental health records are discoverable when the plaintiff alleges emotional distress and mental anguish claims in a personal injury matter. [read post]