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15 Apr 2024, 11:40 pm
Where the plaintiffs are required to establish the underlying regulatory violation in order to proceed, the defendants fare better; where plaintiffs take the plaintiffs’ regulatory violations at face value, the plaintiffs have fared better. [read post]
15 Apr 2024, 10:00 pm
Federal: The Second Circuit holds that to survive summary judgment on a Title VII disparate treatment claim, a plaintiff may satisfy the third stage of the McDonnell Douglas burden-shifting test by providing evidence that even if the employer had mixed motives, the plaintiff’s membership in a protected class was at least one motivating factor in the employer’s adverse action. [read post]
15 Apr 2024, 9:01 pm
We covered Custodia’s initial complaint in a previous client update. [read post]
15 Apr 2024, 7:13 pm
Attorneys for the plaintiffs wheeled 11 boxes into the courtroom for the motion hearing on Monday. [read post]
15 Apr 2024, 6:00 pm
Some plaintiffs like to file in a single judge division in a particular state. [read post]
15 Apr 2024, 5:49 pm
The Vermont Superior Court dismissed Plaintiff's complaint in 2023 for failure to state a claim upon which relief can be granted. [read post]
15 Apr 2024, 3:56 pm
The lawsuit is still awaiting the Court’s action on the plaintiff’s Stipulation of Dismissal filed on January 18, 2024. [read post]
15 Apr 2024, 3:38 pm
The district court’s order blocking the state from enforcing the law in its entirety, the state contended, “goes far beyond any relief the plaintiffs needed or had standing to seek. [read post]
15 Apr 2024, 10:47 am
Dilution causes of action are normally brought when the defendant’s use of the mark causes either: “Blurring”: by which the connection in consumers’ minds between the plaintiff’s mark and the plaintiff’s goods or services is weakened. [read post]
15 Apr 2024, 10:40 am
In the 19th century, the divide was easier because plaintiffs had to choose whether to file their action in law or in equity. [read post]
15 Apr 2024, 10:07 am
At the time of the alleged abuse, plaintiffs ranged in ages from eight to fourteen. [read post]
15 Apr 2024, 10:05 am
As far as not knowing the death was due to another’s negligence, the statute of limitations begins when negligence is discovered. [read post]
15 Apr 2024, 9:57 am
Apr. 12, 2024) The district court found that use of a competitor’s photos in comparative advertising was fair use; the court of appeals affirms on the alternative ground that no copyright damages can be traced to the use of the photos, holding that a plaintiff seeking defendant’s profits must show a nexus between the use of the copyrighted works and the profits. [read post]
15 Apr 2024, 9:56 am
To find no standing would deprive federal plaintiffs of the remedy the statute set out. [read post]
15 Apr 2024, 8:52 am
” The moment of accrual need not be specific to a plaintiff, as the cause of action may not be confined to that plaintiff, but may be common to many plaintiffs. [read post]
15 Apr 2024, 8:14 am
The defendant in a slip and fall case relied on Nova Scotia’s Rule 49.09 to withhold security footage from the plaintiff. [read post]
15 Apr 2024, 8:00 am
You are a plaintiff or defendant in a lawsuit. [read post]
15 Apr 2024, 7:25 am
Crediting Moab’s allegations as true, the panel found that IMO 2020’s significant restriction of No. 6 fuel oil use was known to Macquarie and reasonably likely to have material effects on Macquarie’s financial condition or results of operation. [read post]
15 Apr 2024, 6:42 am
Nor would the new zoning law affect plaintiff's religious practices. [read post]
15 Apr 2024, 5:00 am
As such, the court granted the Defendant’s Motion to Dismiss. [read post]
