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11 Jan 2016, 5:00 am
The Court did not agree:While the Court agrees with Defendants that PK Studios cannot ultimately prevail on this count without providing the specific materials alleged to have been copied so that they can be compared to the Eagles Landing designs, PK Studios was under no obligation to do so at the pleading stage, In re Southeast Banking Corp., 69 F.3d 1539, 1551 (11th Cir.1995) (Rule 8 does not “impose upon plaintiffs the burden to plead with the greatest specificity… [read post]
11 Jan 2016, 5:00 am
The Court did not agree:While the Court agrees with Defendants that PK Studios cannot ultimately prevail on this count without providing the specific materials alleged to have been copied so that they can be compared to the Eagles Landing designs, PK Studios was under no obligation to do so at the pleading stage, In re Southeast Banking Corp., 69 F.3d 1539, 1551 (11th Cir.1995) (Rule 8 does not “impose upon plaintiffs the burden to plead with the greatest specificity… [read post]
3 Dec 2010, 4:20 am
Inability to perform essential duties trumps violation of American with Disabilities Act claimsKees v Wallenstein, CA 9, 161 F.3d 1196A number of correction officers in the State of Washington had been placed on light duty as a result of injuries sustained in the line of duty or as the result of non-work related illness. [read post]
3 Oct 2007, 10:56 am
Dale v. [read post]
6 Jun 2011, 1:59 pm
Halliburton, Inc., 597 F.3d 330, 335 (5th Cir. 2010). [read post]
8 Oct 2022, 10:00 am
Sanitech Sys., Inc., 210 F. [read post]
14 Jul 2010, 9:36 am
Village of Elk Grove, 211 F.3d 416, 427-428 (7th Cir. 2000) -- BASF Corp. v. [read post]
29 Apr 2014, 8:07 am
Dutailier Int’l, Inc., 393 F. 3d 1378 (Fed. [read post]
26 Jan 2009, 6:30 am
., Esq. recently prevailed on the point against Rule 12 Motions to Dismiss in Webb v. [read post]
9 Jun 2020, 7:00 am
The go-to case on that point is Alfano v. [read post]
18 Jun 2013, 5:00 am
In Hinojos v. [read post]
19 Jan 2007, 5:26 am
The operative language in the parties' lease was as follows:"[I]f the lessee shall at any time be in default hereinunder, or if the lessor shall institute an action ... against the lessee based upon such default, the lessee will reimburse the lessor for the expense of attorneys' fees .... [read post]
23 Jul 2022, 10:00 am
” Wreal, LLC v. [read post]
24 May 2023, 4:16 pm
’” Vasquez, 325 F.3d at 675 (quoting Robinson v. [read post]
24 Jun 2008, 11:08 am
Diaz-Castaneda, 494 F.3d 1146, 1151 (9th Cir. 2007) (citing Katz v. [read post]
27 Mar 2022, 3:34 pm
Passport Video, 349 F.3d 622, 628 (9th Cir. 2003), or pawn the work off as its own, Triangle Publ’ns, Inc. v. [read post]
22 Nov 2019, 9:56 am
Corp. v. [read post]
8 May 2023, 9:00 am
Highmark Inc. v. [read post]
1 Sep 2015, 3:52 am
Dow v. [read post]
18 Oct 2013, 7:28 am
Fordice, 7 F.3d 453, 457 (5th Cir.1993). [read post]
