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12 Dec 2008, 2:00 pm
The state uses pure comparative negligence, a system which apportions fault between the plaintiff and defendant(s). [read post]
According to the court’s written opinion, the defendant failed to yield at an intersection and collided with the plaintiffs’ vehicle. [read post]
26 Oct 2016, 10:00 pm by Doug Austin
McVerry granted the defendant’s Motion to Compel Plaintiff to Provide ESI Search Terms “insofar as it seeks to compel Plaintiff to confer and come to an agreement on the search terms Defendant will use to cull through the additional email archives that Defendant has identified as having been retrieved. [read post]
12 Jun 2015, 7:36 am by Liskow & Lewis
 The First Circuit rejected plaintiffs argument that the subsequent purchaser doctrine was inapplicable to mineral rights and applied the Supreme Court’s opinion in Eagle Pipe to bar the Plaintiffs tort, contract, and Mineral Code claims for alleged contamination of property caused by oil and gas operations that occurred prior to the Plaintiffs acquisition of the property. [read post]
14 Jul 2010, 9:01 am by Colin Miller
The court thus had to decide whether the plaintiff's "consent" to the teacher's sexual behavior was part of an element or defense in the case, and ostensibly found that it could only be an element in connection with the plaintiff's Title IX claim. [read post]
8 Dec 2011, 6:58 pm by Rebecca Tushnet
Thus, plaintiffs knew that data breaches could occur, notwithstanding Heartland’s contractual obligation to follow the regulations. [read post]
22 Feb 2022, 5:57 am by Second Circuit Civil Rights Blog
" Later that year, Daniels-Rivera demoted plaintiff back to Senior Attorney, citing what Daniels-Rivera claimed were plaintiff's performance deficiencies. [read post]
11 Jun 2024, 10:29 am by Alan S. Kaplinsky
If this blog post gives our readers a feeling of déjà vu, there’s a good reason—the latest developments in the lawsuit challenging the CFPB’s final credit card late fee rule (Rule) are a rerun of earlier developments in the case. [read post]
14 Jun 2023, 5:00 am
.), the court overruled Preliminary Objections filed by a Defendant to a Plaintiffs Complaint alleging lack of proper service and the expiration of the statute of limitations. [read post]
2 Oct 2015, 2:57 am by R. David Donoghue
Judge Shadur fined plaintiff $100 for failing to provide the Court a courtesy copy of its complaint as required by Local Rule 5.2(f) and the Court’s standing orders in this BitTorrent copyright case. [read post]
19 Mar 2024, 2:32 pm by Kaufman Dolowich
FCA argued its third 998 offer precluded plaintiff from recovering attorney fees incurred after its 998 offer date and moved to tax plaintiffs costs accordingly. [read post]
30 Jul 2014, 11:43 am by Cyrus Farivar
If ICANN's motion fails, the plaintiffs would seize all .IR domains, including President.ir, as shown here. [read post]
8 Jun 2011, 4:00 am
In an employment discrimination action asserted under federal law, an employee-plaintiff may recover a reasonable attorney's fee if the plaintiff prevails. [read post]
30 May 2008, 10:03 am
Mark Lanier, the plaintiff's lawyer in the Texas case, has issued a press release suggesting that he lost because the "activist" appellate justices were swayed by campaign contributions: "This decision was handed down by a group of judges who regularly accept campaign contributions from law firms representing corporations that appear in their courts. [read post]
13 Jul 2012, 11:37 am by David Melancon
In Blount, the court upheld summary judgment against a plaintiff who made a slip and fall claim against EJGH because the plaintiff had failed to demonstrate actual or constructive notice as required by the statute. [read post]
10 Oct 2018, 9:13 am by Michael O. Smith
The plaintiff appealed and the issue before the court was whether the plaintiffs submission of medical records of treatment without any medical bills or accompanying testimony about medical bills was sufficient proof to show that her medical costs exceeded the $2,000 threshold. [read post]
16 Oct 2020, 6:13 am by Eugene Volokh
[But] plaintiff's motion to proceed anonymously … is DENIED[ and] Plaintiff's Motion to Seal … is DENIED. [read post]
16 Aug 2015, 11:00 pm by Doug Austin
July 20, 2015), after the plaintiff designated 95% of its forensically-produced documents (141,525 of 148,636) as “highly confidential”, Florida District Judge Jonathan Goodman ordered the plaintiff to re-review and re-designate those documents within ten days, and also assessed a $25,000 fees award against the plaintiffs outside counsel to compensate the defendant for its efforts in reviewing the...Read the whole entry... [read post]