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5 Aug 2024, 11:33 am
., a “party in interest,”[vi] and transactions between a plan and a fiduciary, i.e., self-dealing. [read post]
5 Aug 2024, 11:24 am
The Court noted that the rationale for drawing of an adverse inference when someone invokes their 5th Amendment rights in a civil case is one of fairness noting that, “…”to level ‘the playing field where evidence has been hidden or destroyed” because “… the invocation prevents the opposing party from discovering potentially relevant and probative facts, putting that party at a disadvantage. [read post]
5 Aug 2024, 10:48 am
To pursue a claim, it is often necessary to prove that the accident was caused by the negligence of another party. [read post]
5 Aug 2024, 10:46 am
LexisNexis has selected some of the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2024. [read post]
5 Aug 2024, 10:43 am
Interoperability also imposes expensive design requirements on high-tech platforms, allowing third-party “free riders” to gain access. [read post]
5 Aug 2024, 10:17 am
Sanho’s opening brief explains that the parties worked together to bring the [read post]
5 Aug 2024, 10:14 am
Note that party names and/or reporter citations must be entered carefully in this search feature: to view materials for M’Culloch v. [read post]
5 Aug 2024, 9:36 am
This litigation spotlighted several disputes regarding the applicability of attorney-client privilege and work-product protection to communications involving Hanover’s attorneys and third-party experts. [read post]
5 Aug 2024, 9:00 am
The lawsuit seeks to hold the responsible party accountable and to secure compensation for the survivors’ losses. [read post]
5 Aug 2024, 8:55 am
More confidently, it maintains that the extent, if any, to which the law runs out depends on difficult issues in the philosophy of law, language, and value—issues that parties to the consensus that the law runs out in a significant range of cases do not appear to have worked through to resolution. [read post]
5 Aug 2024, 8:54 am
As Ben Thompson explains: Apple didn’t just create the iPhone, they also created the App Store, which, after the malware and virus muddled mess of the 2000s, rebuilt user confidence and willingness to download 3rd-party apps. [read post]
5 Aug 2024, 8:22 am
Yet, the Illinois Supreme Court, in deciding the issue of claim accrual under Sections 15(b) and (d) of the BIPA, acknowledged that there was some ambiguity about how its holding should be construed in connection with Section 20 of the BIPA, which outlines the damages that a prevailing party may recover. [read post]
5 Aug 2024, 8:15 am
The board then sends a proposed settlement figure to the parties and, if both parties accept the figure, they can avoid court. [read post]
5 Aug 2024, 8:07 am
It is axiomatic that the party seeking to benefit from the waiver of sovereign immunity bears the burden of proving such waiver. [read post]
5 Aug 2024, 8:05 am
The people who design, deploy, and use AI are the real parties in interest. [read post]
5 Aug 2024, 7:57 am
Under Tennessee law, the prevailing party in a lawsuit, with some exceptions, cannot recover a judgment from the opposing party in the case for the attorney’s fees the prevailing party incurred in prosecuting or defending the case. [read post]
5 Aug 2024, 7:55 am
A third party could be financially responsible for these damages. [read post]
5 Aug 2024, 7:48 am
Thus, the energy and climate programs of the two parties continue to offer a sharp contrast. [read post]
5 Aug 2024, 7:43 am
When President Biden withdrew from the 2024 presidential campaign last month and endorsed Vice President Kamala Harris to be the Democratic Party’s nominee, the move resulted in several historical firsts. [read post]
5 Aug 2024, 7:20 am
” To direct a verdict in a civil case, the trial judge must find that “a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue,” where the party against whom the verdict is directed cannot prevail without “a favorable finding on that issue. [read post]
