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31 Aug 2021, 9:01 pm by Michael C. Dorf
” Mexico may argue that by choosing only domestic actors in its specific enumeration of potential plaintiffs, Congress did not intend to reach foreign sovereign plaintiffs. [read post]
30 Apr 2020, 9:05 pm by Dan Flynn
Two weeks ago, Smithfield ceased operations at Sioux Falls, SD after 800 of 3100 employees tested positive for COVID-19. [read post]
12 Jun 2013, 5:20 am by Andrew Frisch
Similarly, of the former 1,100 or so employees of BAI, 180 Connect hired 1,005 of them, including a number of management and upper level management employees, and more than 80 of the Plaintiffs in this action. [read post]
28 Feb 2023, 3:31 pm by Eugene Volokh
This Court need not address Intervenors' First Amendment rights to access the requested judicial records because plaintiff cannot meet his burden under the common law balancing test, and, as set forth infra, the local rules governing sealing have not been complied with in this case. [read post]
2 Dec 2015, 5:25 am by Ronald Mann
The last few decades have been rife with activity raising the bar for securities plaintiffs in federal court, with the plaintiffs’ bar repeatedly suffering at the hands of both Congress (the Private Securities Litigation Reform Act of 1995) and the Supreme Court (cases like Bell v. [read post]
10 Mar 2017, 8:04 am by Seyfarth Shaw LLP
Many employers, however, face more stringent tests and aggressive enforcement priorities at the state level as well as plaintiffs’ attorneys searching for their next class action. [read post]
30 Jun 2021, 3:47 am by Jeff DeFrancisco
Many people who require medical tests or procedures use insurance to pay for the services they receive. [read post]
15 Jul 2011, 6:09 am by Ray Dowd
If defendants do not satisfy the test for permissive joinder, the court may sever the misjoined parties, “so long as no substantial right will be prejudiced by the severance. [read post]
16 Jun 2011, 10:39 am
The plaintiff need not prove that the defendant possessed actual knowledge but may prove constructive knowledge to satisfy the intent requirement. [read post]
17 Feb 2021, 12:10 pm by DeFrancisco & Falgiatano
Meet with an Experienced Malpractice Attorney in Rochester When doctors fail to conduct the tests necessary to obtain an accurate diagnosis, it can lead to grave harm and, in some cases, death. [read post]
3 Jan 2019, 5:39 am by admin
In particular, the plaintiff claimed that the defendants advertised intentionally understated fuel consumption ratings and that they also failed to disclose material facts relating to the fuel consumption ratings – specifically, that they were based on an older testing method that was being phased out and that did not accurate reflect real world driving conditions. [read post]
27 Sep 2013, 9:32 am by Steven Boranian
  Throw into the mix the trend of selecting test cases and setting “bellwether” trials, and plaintiffs inevitably will argue that a result in their favor in one case should legally bind the defendant in the next. [read post]
7 Oct 2014, 12:06 pm
Ct. 746 (2014) – reversing the Ninth Circuit’s overwhelmingly broad “agency test” for imputing a subsidiary's jurisdictional contacts to a parent – see our post here. [read post]
28 Nov 2015, 11:57 pm by Dean Freeman
Plaintiff asserted that later neurological testing revealed a minor traumatic brain injury that has resulted in constant vertigo, seizures and memory problems. [read post]
8 Jul 2013, 12:43 pm by Samantha G. Wilson
Regarding the infringement opinion, defendants argued that the testimony was not reliable because the expert did not perform any testing. [read post]