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11 Mar 2013, 8:30 am by Schachtman
In civil tort cases, defense counsel filed motions attacking the plaintiff’s evidence on general causation. [read post]
11 Mar 2013, 8:04 am by Ken
Members of a class must necessarily repose great trust in the judgment of class counsel. [read post]
10 Mar 2013, 10:07 am by Cynthia Marcotte Stamer
Agencies charged with enforcement of these other laws as well as private plaintiffs also are on the alert for and pursing businesses for aggressive misclassification of workers in these other exposure areas. [read post]
7 Mar 2013, 7:22 am by Bexis
Rather than giving up, however, plaintiffscounsel doubled down. [read post]
6 Mar 2013, 4:14 pm
A leading treatise on trademark law puts it this way:If a state case on common law [trademark] issues was first filed, a federal court should stay or dismiss proceedings. [read post]
6 Mar 2013, 10:44 am by Ken
But that will only lead to the person paying for the internet service and not necessarily the actual infringer, who may be a family member, roommate, employee, customer, guest, or even a complete stranger. [read post]
4 Mar 2013, 4:01 pm by KC Johnson
In the normal discovery process involving the lacrosse plaintiffs and their parents, Duke already had obtained scores of e-mails to or from me. [read post]
4 Mar 2013, 3:23 pm by Robert Bernstein
Counsel’s exchanges did not lead to resolution, so plaintiff brought suit against Sprint advancing various violations of New Jersey’s Law Against Discrimination. [read post]
4 Mar 2013, 8:34 am by K&L Gates
Ultimately, the court awarded a total of $12,465,331.01 including fees for the work of lead counsel and the fees related to discovery as discussed above. [read post]
3 Mar 2013, 8:42 pm by Madhulika Vishwanathan
This lead the plaintiff to sue the defendant for design infringement and passing off. [read post]
1 Mar 2013, 2:30 pm by Bexis
  Defendants, well aware of these propensities, seek to preserve whatever they can for appeal – leading (as in Bartlett) to long opinions and lots of issues on the trial court level.That’s the first uneasy thesis in Maya. [read post]
1 Mar 2013, 7:19 am by Eric Alexander
  Second, we have posted many times about the fundamental problem with failure-to-withdraw theories and we recall the words of a plaintiff’s counsel in an argument on one of the first of our cases to espouse this theory that “ [read post]
27 Feb 2013, 4:20 am by Benjamin Wittes
 Justice Alito’s opinion for the Court also manifests a subtle distrust for ideological plaintiffs in national security cases, signaling skepticism about the challenge to the NDAA in Hedges (criticized by Ben here and more gently by Steve here ), whose lead plaintiff also figured in Clapper. [read post]
25 Feb 2013, 9:55 am by Wystan M. Ackerman
  The class action settlement called for creation of a $35.5 million settlement fund, from which direct payments would be made to class members on a “claims made” basis, $14 million of attorneys’ fees would be paid to plaintiffscounsel, and the remainder (less administrative costs) would be distributed to cy pres recipients to be chosen later by the judge from proposals submitted by the parties. [read post]
24 Feb 2013, 4:15 am by Administrator
Similarly, another difference that could lead to lower litigation costs is the characterization of the damages claim. [read post]
20 Feb 2013, 10:00 am by Kenneth J. Vanko
Seeking expedited discovery without a preliminary injunction motion may lead the court to conclude there is no urgency to the case and no reason to speed up the discovery process.(2) Narrowly tailor the requests. [read post]
19 Feb 2013, 1:00 pm by Michelle Yeary
  So, it shouldn’t be surprising that when a defense win comes at the hands of some questionable calculations (or miscalculations) by plaintiffscounsel, we find it blog worthy. [read post]
17 Feb 2013, 10:00 am
The law was a response to product scandals such as toys made in China that contained unsafe levels of lead. [read post]