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10 Nov 2014, 3:52 am
Pleading and proving a fraud claim is difficult as it requires clear and convincing evidence that the defendant made (1) a false representation, (2) of a material fact, (3) intentionally and knowingly, (4) with intent to mislead, and that the misled party (5) reasonably relied on the statement, (6) to his detriment (i.e., incurring damages). [read post]
2 May 2013, 1:21 pm
§355(j)(2)(A)(v), and in the FDA's regulations at 21 C.F.R. [read post]
7 Mar 2014, 4:05 am
., the U.S. 9th Circuit Court of Appeals in a 2-1 decision held that a preliminary injunction should be granted to require the controversial film "Innocence of Muslims" to be removed from YouTube. [read post]
30 Sep 2014, 4:03 pm
Abbott Laboratories does not apply to breach of warranty or fraud claims and a defendant is only liable for an apportionment equal to its then market share of the subject product. [read post]
1 Aug 2013, 2:06 am
(Rule 23(b)(2) certification.) [read post]
23 May 2014, 3:05 pm
But we hope it does help dispel some of the myths about copyright and open wifi. [read post]
7 Nov 2017, 6:07 am
City of New York, a summary order decided on November 2. [read post]
27 Nov 2012, 7:21 am
Rosenwinkel, No. 113569 – Does the Farm Nuisance Act, 740 ILCS 70/1, bar a nuisance suit where defendants started a cattle operation on property across from an unoccupied farmhouse, and several years later, plaintiffs demolished the farmhouse and constructed a new family home? [read post]
31 Jul 2018, 7:35 am
Google LLC, 2-17-cv-00442 (TXED July 19, 2018, Order) (Gilstrap, USDJ) [read post]
23 Jun 2023, 4:10 am
The defendants apparently acknowledge this. [read post]
10 Nov 2015, 6:38 am
A blind man sues the City of New York alleging that it violates the Americans with Disabilities Act because it does not allow equal or reasonable access to Central Park, i.e., the City does not provide proper signage at all inaccessible entrances to its facilities. [read post]
10 Mar 2022, 9:43 am
Reward Zone USA, LLC, 2:20-cv-01027-SVW-KS (C.D. [read post]
16 Jun 2016, 5:12 pm
In 'Stairway to Heaven' trial: When does inspiration become plagiarism? [read post]
16 Feb 2020, 8:07 pm
There are three elements: “whether (1) a benefit was conferred on defendant; (2) defendant accepted the benefit; and (3) defendant retained the benefit under such circumstances that it would be inequitable for defendant not to compensate plaintiff for its value. [read post]
5 Feb 2010, 2:21 pm
The original 'John Doe' arrest warrant did not constitute a valid commencement of prosecution within the statute of limitations period; 2. [read post]
18 Oct 2011, 3:34 pm
The defendant asserted as a non-lead vehicle in a funeral procession he did not need to stop at the stop sign. [read post]
22 Nov 2013, 3:30 pm
This issue has been decided by the Court of Appeals in a case, where the Court held that CPL 340.40 (2) does not violate the 6th Amendment as applied to a defendant charged with prostitution, inasmuch as prostitution in not a "serious" offense within the meaning of the 6th Amendment guarantee of trial by jury, as it is only punishable by a maximum of three months' imprisonment. [read post]
30 Apr 2013, 9:45 am
A subsequent appeal to the Court of Appeal failed, with a judgment (CA 2) issued on March 2, 2006, confirming the convictions. [read post]
1 Feb 2008, 8:34 am
One is the defendant. [read post]
2 Nov 2014, 1:30 am
In Texas West Oaks, we observed that this statutory definition contains three elements: (1) a physician or health care provider must be a defendant; (2) the claim or claims at issue must concern treatment, lack of treatment, or a departure from accepted standards of medical care, or health care, or safety or professional or administrative services directly related to health care; and (3) the defendant's act or omission complained of must proximately cause the injury… [read post]