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10 Oct 2019, 3:16 pm
(For other examples, see here, and here). [read post]
9 Oct 2019, 4:31 pm
There is always of course a considerable role to be played by the courts, which maintain powers to order exemplary damages (if sought through a privacy claim) in order to punish outrageous press misconduct that disregards claimants’ rights for commercial profit. [read post]
9 Oct 2019, 3:18 pm
But, I think awareness is the key to all the problems. [read post]
9 Oct 2019, 1:24 pm
No single product or substance has been linked to all lung injury cases. [read post]
9 Oct 2019, 7:18 am
The language used in the correspondence between the claimant and the Lord Chancellor gave rise to “superficial indicia” of contract. [read post]
9 Oct 2019, 2:58 am
The Vis East has also been successful in achieving its other goal i.e. promotion and study of international commercial arbitration. [read post]
9 Oct 2019, 2:05 am
He held that the claim did not disclose a basis for seeking compensation under the DPA 1998 because the claimant and other members of the class had not suffered damage within the meaning of section 13 of the DPA. [read post]
8 Oct 2019, 11:45 am
The several other salmeterol/fluticasone combination inhalers launched in the UK since 2015, however, all featured purple and/or pink elements.Glaxo's case outlined two forms of passing off, originally based on the entire "get-up" of the AirFluSal Forspiro, but later narrowed to just the colour purple:"Traditional" misrepresentation i.e. deception as to trade origin. [read post]
8 Oct 2019, 7:45 am
The claimant published his painting “Drunken Lotus” in 2007. [read post]
7 Oct 2019, 7:17 pm
There can be other factors. [read post]
7 Oct 2019, 7:57 am
There are certain elements to a negligence claim: The defendant owed a duty of care to the plaintiff or claimant The defendant’s conduct breached that duty of care The plaintiff or claimant’s injuries were caused by the accident The plaintiff or claimant suffered damages as a result All motorists have a duty to exercise ordinary care when driving a motor vehicle, which entails obeying all traffic laws and not driving while impaired. [read post]
7 Oct 2019, 5:32 am
In Other News... [read post]
6 Oct 2019, 8:00 am
Whilst an appellate court will always be cautious before allowing a new point to be taken, the decision whether it is just to permit the new point will depend upon an analysis of all the relevant factors. [read post]
6 Oct 2019, 3:48 am
What is perhaps striking in this case is that all the necessary ingredients for anonymity (at least at the outset) appeared to floating about. [read post]
6 Oct 2019, 3:37 am
It is a form of absolute duty owing to all within the range of its humanitarian policy. [read post]
4 Oct 2019, 9:03 am
Federal law prohibits assigning this cost to claimants, so states would have to absorb the full cost of drug testing thousands of unemployed workers. [read post]
4 Oct 2019, 3:45 am
“Following this amendment, the onus is no longer on the plaintiff alone to correctly identify all potential defendants to a health care liability action. [read post]
3 Oct 2019, 8:27 am
Of course, if they are an issue they can be a big one, and their terms can come back to bite a claimant that has not properly vetted them. [read post]
2 Oct 2019, 9:00 pm
A claimant or counterclaimant may choose not to pursue damages as a way to encourage the other party to not opt-out or to agree to cease certain activity if the claimant or counterclaimant prevails.The strategic opportunities presented are further augmented by the encouragement of pro-se litigation; attorneys are not required, and attorney fees and costs will not be awarded except in cases of bad-faith prosecution. [read post]
2 Oct 2019, 10:21 am
(No. 18-801) Argument date 10/7: The question presented by the case is whether the phrase “all the expenses of the proceedings” from 35 U.S.C. [read post]
