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6 Apr 2015, 8:15 am
The defendants claim that the court: (1) erred in denying their motion to dismiss Upton's claims for lack of subject matter jurisdiction on the ground that Upton did not have standing in this case, having never been named in a summons properly served on the defendants; (2) abused its discretion by denying their motion to preclude evidence of the decedent's driving practices; (3) abused its discretion by permitting the plaintiffs' expert witness, Lew… [read post]
1 May 2019, 1:36 pm
” Patent infringement: failed to state a claim because the complaint didn’t name a single claim in the Blue Water patents or explain how the defendants’ product infringes on any of the elements of the claims. [read post]
15 Nov 2014, 7:15 pm
The eight corners rule (insurance litigation) The rule takes its name from the fact that only two documents are ordinarily relevant to the determination of the duty to defend: the policy and the pleadings of the third party claimant. [read post]
16 Mar 2018, 5:00 am
" Instead of repeating a general reference to "the tortfeasor," or "the liable party," refer to the "Defendant, Jane Jones" or if there is only one defendant, simply reference "the Defendant. [read post]
10 Feb 2014, 8:26 am
("The plaintiff contends that (1) the Appellate Court exceeded its authority by affirming the trial court’s judgment on the basis of an issue that the defendants had neither raised in the trial court nor presented as an alternative ground for affirmance on appeal, namely, whether the plaintiff’s claim that the defendants had prevented the plaintiff from complying with a contract condition failed as a matter of law because the allegedly hindering conduct… [read post]
30 Apr 2015, 9:36 am
In addition to Carey and Cannon, the complaint names the LLC and the management company as defendants. [read post]
28 Jan 2014, 7:45 am
He is seeking $1 million in damages from each defendant, only two of which are identified by name (the others remaining as John Doe defendants).According to Prince, the defendants' websites constitute "an interconnected network of bootleg distribution which is able to broadly disseminate unauthorized copies of Prince’s musical compositions and live performances" and accordingly their actions amounted to "massive infringement and bootlegging" of… [read post]
21 Sep 2015, 8:36 am
Schaeffer ("The plaintiff... appeals from the judgment of the trial court dismissing this residential real estate foreclosure action against several defendants, including the named defendant...for lack of standing. [read post]
1 Aug 2014, 4:00 am
They subsequently withdrew all claims except for their allegation contending that their First Amendment rights had been violated by the Village and the other named defendants.As to Plaintiffs’ First Amendment claims, the District Court granted summary judgment in favor of all of the defendants, explaining that Plaintiffs’ First Amendment claims were barred as they were made only pursuant to the defendants’ performing official duties and thus… [read post]
25 Aug 2023, 5:01 am
The goal of the order is to use the defendants' identities in a Japanese court proceeding. [read post]
24 Feb 2020, 3:16 pm
The court explained: When a defendant tenders the relief sought by a named plaintiff prior to a motion for class certification, it does not force the plaintiff to accept a settlement against her will, as plaintiffs argue, but admits liability and satisfies plaintiff’s demand. [read post]
28 Jul 2017, 8:44 am
In a study involving over 1200 subjects, the Article explores whether subjects assign fictional protagonists named Jamal and Lakisha more culpable mental states than they assign to protagonists named John and Emily. [read post]
8 Mar 2016, 11:52 am
They defended the university in the wake of a Title IX federal sexual assault lawsuit. .. [read post]
6 Jan 2022, 2:03 pm
The IP exclusion for “Personal Injury or Advertising Injury arising out of piracy, unfair competition, the infringement of copyright, title, trade dress, slogan, service mark, service name or trademark, trade name, patent, trade secret or other intellectual property right,” was likewise inapplicable to the Vitamin B comparative advertising allegation. [read post]
20 Jun 2016, 6:00 am
Thus, defendants were allowed to use “the name Sturgis or other phrases which contain the name Sturgis in the distribution, marketing and sale of non-rally-related Sturgis, South Dakota, products. [read post]
10 Apr 2017, 5:00 am
Defendant Carroll, as the Plan Administrator, was also named as a fiduciary. [read post]
17 Jun 2016, 11:44 am
The answer is that the defendant accepted that art.12 added nothing to the defence to the infringement claim, namely that "the defendant's use of the signs was not liable to affect the functions of the Trade Marks. [read post]
10 Sep 2022, 5:12 am
Just like medication names, patients can have similar names or even the same name and medications can easily get mixed up if a pharmacist is not paying careful attention. [read post]
7 Feb 2019, 6:00 am
Jiwani has also defended construction companies in multi-party suits involving large-scale infrastructure projects. [read post]
13 Jan 2014, 2:32 pm
In addition, defendant's name and personal data will be maintained in a "sexually violent predator subdirectory" which shall be distributed to local police departments on an annual basis. [read post]
