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2 Jan 2013, 6:17 am
Plaintiff easily met the first three elements. [read post]
31 Dec 2012, 3:29 pm
The South Carolina Supreme Court found that a defendant who allegedly hacked into a plaintiff’s personal e-mail account to retrieve messages that were already read by the plaintiff was not liable under the Stored Communications Act. [read post]
31 Dec 2012, 3:29 pm
The South Carolina Supreme Court found that a defendant who allegedly hacked into a plaintiff’s personal e-mail account to retrieve messages that were already read by the plaintiff was not liable under the Stored Communications Act. [read post]
27 Dec 2012, 11:15 am
The Toney case involved a medical malpractice claim in which the plaintiff alleged that her medical providers had read an ultrasound during the plaintiff's pregnancy as being normal. [read post]
23 Dec 2012, 3:26 pm
However, the plaintiff's experts (Drs. [read post]
22 Dec 2012, 11:24 am
While the Restatement (Second) calls for a more narrow application of negligence principles in the products liability context, the Restatement (Third) decreases the emphasis upon the concepts of "intended use" and "intended user," along with placing a greater emphasis on the doctrine of "reasonable foreseeability," all of which changes arguably allow for a wider class of injured parties to recover against a manufacturer of a defective product. [read post]
21 Dec 2012, 5:44 pm
“Today’s decision is historic,” said Margaret Winter, associate director of the ACLU National Prison Project and lead counsel for the plaintiffs. [read post]
20 Dec 2012, 11:05 am
Twelve years after Maestas was decided, it remains among the leading, persuasive precedents nationwide against cross-jurisdictional class-action tolling. [read post]
19 Dec 2012, 1:00 pm
But currently Facebook (who now owns Instagram) is battling its own class action lawsuit so Instagram’s forced arbitration/anti-class action clause may just be the beginning. [read post]
11 Dec 2012, 4:24 pm
Here, without clearly defining the term, the law goes too far and will likely lead to unintended consequences and perhaps misuse. [read post]
4 Dec 2012, 12:19 pm
The court noted that, in his motion, the Defendant asserted that the front page of the Plaintiff's myYearbook account contained a reference to the Plaintiff's plan to participate in a Zumba exercise class. [read post]
3 Dec 2012, 6:30 am
The Plaintiff in Porter v. [read post]
3 Dec 2012, 12:39 am
The plaintiffs’ firm that is leading the charge on these cases has chosen to file them in state courts outside of Delaware. [read post]
2 Dec 2012, 7:52 pm
Leading scholars who have researched and published in the area of socio-economic rights (especially those with expertise on China and/or India, or international human rights and development) will be presenting papers at this Conference. [read post]
30 Nov 2012, 8:49 am
The lead plaintiff is David Green, a Sherman Oaks, California resident who was under the impression that the antioxidants in the soda came from fruit, and claims he would not have purchased the beverage had he known they did not. [read post]
28 Nov 2012, 5:06 pm
Another lawsuit filed by a man from Texas in August 2012 claims that the mesh disintegrated in his body leading to infection and complications. [read post]
28 Nov 2012, 4:49 pm
In most of the lawsuits, parents or mothers of children born with deformities have been named as plaintiffs. [read post]
28 Nov 2012, 5:00 am
That issue will require further factual development and perhaps lead to further motion practice. [read post]
28 Nov 2012, 5:00 am
That issue will require further factual development and perhaps lead to further motion practice. [read post]
27 Nov 2012, 4:00 pm
As required by Stolt-Nielsen, when a class action waiver is unenforceable under Gentry, the plaintiff’s claims must be adjudicated in court, where the plaintiff may file a putative class action. [read post]