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16 Jul 2021, 2:24 pm
Upon evaluation of Defendant’s arguments, the Court found that Plaintiff’s expert tests are relevant to the issue of infringement, the fact that Plaintiff’s expert did not perform the testing himself does not make his opinions on the tests inherently unreliable, and the reliability of Plaintiff expert’s testimony can be tested during trial through cross-examination and other methods. [read post]
23 Mar 2020, 6:00 am
Feb. 13, 2020) The doctrine of res judicata bars a plaintiff from splitting claims arising from a single transaction into multiple actions. [read post]
18 Dec 2015, 9:19 am
With regard to the plaintiff’s fluctuating glucose levels, Dr. [read post]
2 Nov 2020, 2:20 pm
The plaintiff then appealed, arguing that the jury’s finding was against the weight of the evidence. [read post]
30 Aug 2017, 3:18 pm
As the Court aptly put it, “the fee award named plaintiff’s counsel seeks is almost 12 times greater than the amount the opt-in collective will receive in total. [read post]
31 Mar 2011, 12:14 pm
Judge Sleet granted plaintiff’s motion to dismiss defendant’s time-barred fraud and negligent misrepresentation counterclaims. [read post]
23 Jun 2017, 3:00 am
A district court in New Jersey retained jurisdiction over an action and rejected the plaintiff’s argument to consider the current year’s voter list (not the year in which the action was filed) for purposes of establishing citizenship. [read post]
17 Mar 2020, 12:13 pm
Accordingly, the Fourth Circuit directed the district court to dismiss the plaintiffs’ complaint. [read post]
8 Jul 2015, 1:36 pm
The Business Court Refused To Apply A Multiplier To Plaintiffs' Counsel's Lodestar The $660,000 sought was based on a request for a multiplier of 1.7 to be applied to the lodestar amount established by Plaintiffs' counsel's regular billing rates (that was $388,465). [read post]
20 Mar 2020, 12:43 pm
Although it denied to certify a class on some claims, the District Court granted the plaintiff’s motion to certify a class on the claim that their wage statements were inaccurate. [read post]
15 Jun 2023, 2:02 pm
Court of Appeals for the Seventh Circuit has ruled that a plaintiff in a putative class action had standing to assert FDCPA claims against the purchaser of her debt and the purchaser’s servicer based on the $3.95 she paid in postage to respond to a second validation letter after she had already responded to the first validation notice.... [read post]
24 Aug 2011, 8:20 am
Numerous prior posts on this blog have examined Louisiana's system for helping plaintiffs who have been the victim of medical malpractice. [read post]
21 Jan 2020, 8:09 am
In this case, the court said, a transplant coordinator’s work, however important, is not comparable to the work of a surgeon, who typically determines who is eligible for a transplant and what treatments are necessary. [read post]
6 Sep 2017, 9:17 am
Here, the court noted a split among the courts as to whether the PSLRA's restriction on professional plaintiffs applies to institutional investors like Arkansas Teacher. [read post]
27 Jun 2012, 10:31 pm
" That is, plaintiffs needed to allege facts to establish (1) that they had additional valid claims in the underlying contract dispute, and (2) that defendant's negligence prevented them from fully recovering on those claims.See, e.g. [read post]
22 Sep 2020, 1:07 pm
On appeal, the plaintiff argued that the lower court failed to view the evidence in a light most favorable to the plaintiff, which it must do in a summary judgment motion. [read post]
15 Dec 2014, 10:00 pm
Zwart, after an extensive hearing on the plaintiff's motion to compel “full disk imaging of Defendant's hard drives, including Defendant's POS server, secretaries' computers, UBS devices. . . [read post]
5 Feb 2016, 8:33 am
Despite finding that security for costs would have been warranted if the corporate plaintiff’s claim had been considered in isolation from its shareholder’s claim, the chambers judge denied security, reasoning that (a) any security posted by the corporate plaintiff would have to be supplied by the individual plaintiff; and (b) there were no “special circumstances” which would have justified granting security against the individual… [read post]
12 Oct 2014, 10:00 pm
Westmore denied the plaintiff’s motion to compel discovery in native form because the production format had been agreed upon under the parties’ ESI protocol under the Joint Rule 26(f) Report filed by the parties that supported production in “paper, PDF, or TIFF format”. [read post]
8 Aug 2012, 4:43 pm
The evidence that was spoliated was plaintiff's pre-surgery physical condition! [read post]