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13 Feb 2023, 6:00 am by K. Tyler O'Connell, Barnaby Grzaslewicz
Dec. 1, 2022)The Delaware Supreme Court’s Cornerstone Therapeutics decision established that, although a transaction involving a controller must satisfy entire fairness review, plaintiffs seeking money damages against independent directors protected by an exculpation clause must still state a non-exculpated claim against each such director, or that director will be entitled to dismissal. [read post]
27 Feb 2011, 10:00 pm by Carey, Danis & Lowe, L.L.C.
Lana Speck's Yaz lawsuit was filed amid claims that the drug caused her to suffer through a cholecystectomy (removal of the gallbladder). [read post]
13 Jan 2012, 4:40 am
Defendant filed a motion for summary judgment on lost profits challenging plaintiff's use of the entire market value rule. [read post]
18 Feb 2020, 5:00 am by Daniel E. Cummins, Esq.
The Plaintiff was complaining that she was entitled to a new trial because the judge had used “hand gestures demonstrating [the Plaintiffs] burden in the ‘clear and convincing’ standard as a point mid-way between proof by preponderance of the evidence and proof beyond a reasonable doubt. [read post]
27 Jun 2012, 11:46 am by Christian Stegmaier
 Despite the plaintiff's testimony that he was never intoxicated during his visits to Wendy’s, the defense experts concluded the fragment entered the plaintiffs lung due to suppressed gag and cough reflexes while he was under the influence.The defense’s position was supported by the absence of food particles in the plaintiffs lung. [read post]
27 Jun 2012, 11:46 am by Christian Stegmaier
 Despite the plaintiff's testimony that he was never intoxicated during his visits to Wendy’s, the defense experts concluded the fragment entered the plaintiffs lung due to suppressed gag and cough reflexes while he was under the influence.The defense’s position was supported by the absence of food particles in the plaintiffs lung. [read post]
22 Jun 2020, 1:15 pm by GPMfeeds
The Company’s adjusted EBITDA for fiscal 2019 was reported at $227.2 million, a significant miss from its November 2019 forecast of $270 million. [read post]
28 Nov 2012, 3:28 pm by Curt Cutting
  Nevertheless, the court affirmed the trial court's decision to toss out the plaintiff's claim for punitive damages, because plaintiff presented no evidence that the store manager's misconduct was ratified by any officer, director, or managing agent of Rite Aid. [read post]
12 Aug 2011, 8:17 am by Hunton & Williams LLP
”  According to the Court, though the offer of judgment may moot the named plaintiffs claim on the merits, it does nothing to moot the named plaintiffs right to have a class certified if the requirements of the rules are met. [read post]
14 Nov 2007, 11:15 am
In Defense Medical Expert: Turning the Defense Advocate Into the Plaintiff's Witness, R. [read post]
20 Oct 2016, 10:00 am by Stephen D. Rosenberg
The “this” in question is an interesting little twist in litigation over an attorney fee award to plaintiffs counsel in the long running ERISA litigation, Frommert v. [read post]
21 Mar 2013, 12:43 pm by Kirk Jenkins
Knowles began when the plaintiffs home was allegedly damaged in a hail storm. [read post]
28 Jan 2015, 3:50 pm by Daily Record Staff
Constitutional Law Separation of powers   BOTTOM LINE: District court properly dismissed plaintiffs lawsuit against the U.S. government for damages for the accidental killing of her husband and the intentional sinking of plaintiffs fishing vessel during a NATO counter-piracy mission; allowing the action to proceed would thrust the courts into the middle of a sensitive ... [read post]
4 Aug 2019, 3:57 pm by Second Circuit Civil Rights Blog
Few sexual harassment cases entitle the plaintiff to $1 million in damages; Tulino's case is now one of them. [read post]
24 Apr 2024, 6:00 am by Public Employment Law Press
The Appellate Division unanimously reversed a New York State Supreme Court's ruling granting the City of New York's motion to [1] dismiss racial discrimination claims alleged by Plaintiffs pursuant to the New York State and City Human Rights Laws and [2] the hostile work environment claim Plaintiffs alleged pursuant to the New York City Human Rights Law which the Plaintiffs had asserted against the City of New York and a named defendant.Citing… [read post]
24 Apr 2024, 6:00 am by Public Employment Law Press
The Appellate Division unanimously reversed a New York State Supreme Court's ruling granting the City of New York's motion to [1] dismiss racial discrimination claims alleged by Plaintiffs pursuant to the New York State and City Human Rights Laws and [2] the hostile work environment claim Plaintiffs alleged pursuant to the New York City Human Rights Law which the Plaintiffs had asserted against the City of New York and a named defendant.Citing… [read post]
5 Oct 2011, 6:10 am
 Focus the court on the arbitration provision’s language and how this plaintiffs arbitration will proceed. [read post]
19 Sep 2013, 1:25 pm by Gregory J. Brodzik
Judge Robinson further explained that the “grounds asserted for reargument merely constitute [plaintiffs] disagreement with the court’s conclusions and rehash [plaintiffs] claim construction and summary judgment arguments. [read post]
5 Jun 2008, 1:29 pm
The gravamen of plaintiffs’ claims against Hillyer is that Hillyer failed to procure the increase [...] [read post]
10 Jun 2008, 1:30 pm
The thrust of the plaintiffs’ claims in the present case are that not only did the defendants fail to return reserves attributable to plaintiffs, but they used that money to pay the claims of the employees of the defendant agencies and, also to pay certain other CAAIG administrative expenses and for other improper purposes, constituting [...] [read post]