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8 Mar 2024, 12:30 pm
Plaintiff: But what about me? [read post]
8 Mar 2024, 8:00 am
The plaintiffs’ counsel engaged a nephrologist as their trial expert. [read post]
8 Mar 2024, 4:03 am
We represent injured plaintiffs and grieving families across the country. [read post]
7 Mar 2024, 6:59 am
The only approach that makes little sense is to do nothing and instead risk a legal proceeding brought by a government agency or plaintiffs’ class action lawyer, as in the first two cases reported below. [read post]
7 Mar 2024, 5:28 am
§ 2401(a) when an agency issues a rule or when the rule first causes harm to the plaintiff. [read post]
6 Mar 2024, 12:46 pm
The District Court dismissed the complaint because the dagger or asterisk symbol next to the “Peak HP” label directs the consumer to fine print explaining that “Peak HP” is the horsepower achieved in laboratory testing, not ordinary use. [read post]
6 Mar 2024, 4:00 am
No Fifth Amendment Protection Defendant argued under the “balancing of the equities” test that requiring him to turn over his devices and accounts would violate his Fifth Amendment rights against self-incrimination. [read post]
5 Mar 2024, 10:01 pm
The test for inducement to enter into the contract remains subjective (that is, whether the particular insurer was induced by the material non-disclosure to issue the policy). [read post]
5 Mar 2024, 6:46 pm
1981 doesn’t apply even if it is a contract because it is a remedial program; 1981 has never been applied in a donative context; and it shouldn’t apply in personal associational relationships 1981’s application here would violate Fearless Fund’s First Amendment rights Can focus on race-based communities but may keep eligibility criteria open to avoid Section 1981 claim Definition of charity includes eliminating prejudice and discrimination Section 1981’s… [read post]
5 Mar 2024, 1:51 pm
Perhaps that sort of clear statement could at least make a case under the Boerne test. [read post]
5 Mar 2024, 11:47 am
PLAINTIFF COURT AND DATE OF COMPLAINT SELECTED DRUGS (FOR YEAR 2026) Bristol Myers Squibb D.N.J. (16 June 2023) Eliquis Novartis D.N.J. (1 Sept. 2023) Entresto J&J’s Janssen Pharms. [read post]
5 Mar 2024, 4:30 am
When the plaintiff later sued for disability discrimination, the defendant argued that it fired the plaintiff because it honestly believed that he had tested positive for marijuana. [read post]
4 Mar 2024, 1:17 pm
Next, to determine whether the statement could be reasonably interpreted as implying false statements, it looked to the four-part test established by Ollman v. [read post]
4 Mar 2024, 10:01 am
These damages seek to reimburse the plaintiff for the actual income lost during their recovery or inability to work, including potential future earnings impacted by sustained injuries. [read post]
4 Mar 2024, 9:37 am
Who would be a plaintiff in a wrongful death civil suit involving frozen embryos? [read post]
4 Mar 2024, 9:08 am
One of the offers concerned a trim lead bag, which the plaintiff ordered as a test. [read post]
4 Mar 2024, 7:00 am
” This recent decision from the Fourth Circuit signals that courts, or at least those in the Fourth Circuit, may begin taking an increasingly pro-plaintiff stance on the fair use defense. [read post]
3 Mar 2024, 9:01 pm
”[6] Plaintiffs sought to enjoin the transaction and asserted monetary damages against all defendants. [read post]
3 Mar 2024, 8:16 pm
Mullen —FDA’s proposed rule to regulate laboratory developed tests (LDTs) as devices took one more step towards being finalized – and to a likely judicial showdown. [read post]
1 Mar 2024, 7:28 am
” The court dismissed 31FO’s Fifth Amendment regulatory takings claim, however, finding that it failed to satisfy the factors under the Penn Central takings test. [read post]
