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30 May 2024, 2:54 pm by KJK
Statutory Construction At oral arguments, Seventh Circuit Judges Candace Jackson-Akiwumi and John Lee emphasized that district judges have the discretion to deviate from the revenue baseline established by the plaintiff. [read post]
30 May 2024, 12:35 pm by Eugene Volokh
To state a claim that the government violated the First Amendment through coercion of a third party, a plaintiff must plausibly allege conduct that, viewed in context, could be reasonably understood to convey a threat of adverse government action in order to punish or suppress the plaintiff 's speech. [read post]
30 May 2024, 11:45 am by Michele Braverman
History Behind the Settlement A host of plaintiffs have accused the US automaker of faulty batteries across a series of Chevrolet Bolt vehicles. [read post]
30 May 2024, 10:56 am
“Ultimately, the critical” question is whether the plaintiff has “plausibly allege[d] conduct that, viewed in context, could be reasonably understood to convey a threat of adverse government action in order to punish or suppress the plaintiff ’s speech. [read post]
30 May 2024, 10:50 am by Amy Howe
Although that test might in some scenarios be useful, Gorsuch acknowledged, they are merely “guideposts”: The key question, he stressed, is whether a plaintiff “has ‘plausibly alleged conduct that, viewed in context, could reasonably be understood to convey a threat of adverse government action in order to punish or suppress the plaintiff’s speech. [read post]
30 May 2024, 8:59 am by Christopher G. Hill
The plaintiff’s property insurance carrier agreed to pay the plaintiff $2,598,918.41. [read post]
30 May 2024, 7:52 am by Legal Profession Prof
The New York Appelate Division for the First Judicial Department has affirmed the dismissal of a legal malpractice action and cautioned the pro se appellant about the use of artificial intelligence in his brief Plaintiff’s legal malpractice claim against his... [read post]
In a replay of earlier events, in response to an emergency petition for writ of mandamus and administrative stay of transfer filed by the plaintiffs in the lawsuit challenging the legality of the CFPB’s credit card late fee rule, the Fifth Circuit Court of Appeals on May 29, stayed a District Court order that would have transferred the case to the District of Columbia.... [read post]
30 May 2024, 7:18 am by Seyfarth Shaw LLP
Consequentially, the plaintiffs’ wage-hour claims arising prior to August 6, 2019, were dismissed with prejudice. [read post]
30 May 2024, 6:32 am
Pirani, that unregistered shares obtained as part of a direct listing cannot support a claim under Section 11(a) of the Securities Act, which requires the plaintiff to have purchased “such security” pursuant to a materially misleading registration statement. [read post]
30 May 2024, 6:32 am
Pirani, that unregistered shares obtained as part of a direct listing cannot support a claim under Section 11(a) of the Securities Act, which requires the plaintiff to have purchased “such security” pursuant to a materially misleading registration statement. [read post]
30 May 2024, 2:00 am by John Jenkins
  A stockholder plaintiff objects to those provisions and files a lawsuit in Chancery Court seeking to invalidate them. [read post]
29 May 2024, 11:00 pm
Barnabas Hospital’s motion to dismiss a wrongful death claim brought by JEB, an appeal ensued.While it thought that the plaintiff’s expert raised a “question of fact” as to whether the hospital deviated from the governing “standard of care” for treating the decedent’s skin ulcers, because JEB failed to show what that lapse had to do with the “decedent's death from pneumonia secondary to renal disease and hypertension,” the Appellate… [read post]
29 May 2024, 5:27 pm by Howard Bashman
“ExxonMobil Argues Co-Defendant’s Settlement Barred Claims That Yielded $725M Benzene Verdict; The company asserted in a recent post-trial brief that the plaintiffs were not entitled to recover against ExxonMobil at all because they had already been compensated by another defendant for their injuries”: Aleeza Furman of The Legal Intelligencer has this report. [read post]
29 May 2024, 4:58 pm by Steve Bainbridge
L. 1 (2003). [8] See Moelis, 311 A.3d at 881 (“The plaintiff's motion for summary judgment is granted as to the facial invalidity of the Pre-Approval Requirements, the Recommendation Requirement, the Vacancy Requirement, and the Size Requirement. [read post]