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6 Feb 2024, 1:14 pm
The United States Court of Appeals for the Fourth Circuit reversed the grant of summary judgment to a defendant who had used plaintiff's photo of Ted Nugent and granted summary judgment to the plaintiff Photographer Larry Philpot brought a copyright-infringement... [read post]
6 Feb 2024, 11:04 am
On appeal, the Second Circuit reinstated the plaintiff’s Section 10(b) and Rule 10b-5 claims. [read post]
6 Feb 2024, 10:12 am
This will be the first MDL over which Judge Calabrese will have presided.This is the rare MDL where every party asked for the same district and same judge.As stated in one Plaintiffs' Brief: "Although this would be Judge Calabrese’s first MDL as a judge, his qualifications and complex-civil-litigation experience cannot be doubted. [read post]
6 Feb 2024, 10:01 am
ScentAir Technologies, LLC, the plaintiff argued that statutory estoppel should bar the defendant from raising a prior art device that was “materially identical” to a patent the defendant could have raised in inter partes review. [read post]
6 Feb 2024, 9:34 am
South Carolina’s 6-week abortion ban has faced several legal challenges since its inception after Roe v. [read post]
6 Feb 2024, 8:42 am
State(Medical malpractice; wrongful life; sovereign immunity; notice of claim; claim that trial court's judgment should be set aside because claims on which plaintiffs prevailed at trial were barred by sovereign immunity; whether certain claims were outside scope of Claims Commissioner's statutory ((Rev. to 2015) § 4-160 (b)) waiver of sovereign immunity; whether claims sounded in informed consent rather than in medical malpractic [read post]
6 Feb 2024, 8:39 am
Plaintiff's religious accommodation request sought to have a female officer conduct the demonstration with her. [read post]
6 Feb 2024, 8:32 am
” In a tort claim for negligence, a plaintiff must prove actual cause, that the plaintiff's injury would not have occurred but for the defendant's negligence.... [read post]
6 Feb 2024, 7:12 am
Following a third mediation, a proposed settlement was reached covering the named plaintiffs and 111 class members. [read post]
6 Feb 2024, 7:12 am
In a prior appeal, this Court held that Plaintiffs lack standing to sue because the unprecedented remedies they seek are beyond the judiciary's power. [read post]
6 Feb 2024, 6:58 am
Similarly, qui tam whistleblower plaintiffs who bring False Claims Act actions on behalf of the government are dismissed and not permitted to receive any share of the proceeds from the suit under these circumstances. [read post]
6 Feb 2024, 6:51 am
The court of appeals acknowledged that even though the trial court’s denial of the plaintiff’s motion to proceed under a pseudonym denied a provisional remedy, the denial met Ohio’s definition of a final, appealable order set forth in R.C. 2505.02(B)(4). [read post]
6 Feb 2024, 6:42 am
.) -- deciding that: (1) of six requests, only the portion of one request reasonably described the records sought, resulting in dismissal of all claims based on the deficient requests; rejecting plaintiff’s arguments that two agency regulations precluded dismissal; and (2) plaintiff’s allegation that CMS had a pattern or practice of unreasonably delaying the release of non-exempt documents was sufficient to survive a motion to dismiss.Summaries of all… [read post]
6 Feb 2024, 6:00 am
Spongelle LLC (decided on January 24, 2024), the plaintiff alleged that Spongelle’s website did not meet the ADA requirements for accessibility to visually impaired individuals. [read post]
6 Feb 2024, 5:00 am
Nealon of the Lackawanna County Court of Common Pleas granted a medical malpractice Defendant’s Moton to Compel a Plaintiff to provide various items in discovery. [read post]
6 Feb 2024, 5:00 am
The court was satisfied that, “[w]hile the Plaintiff’s misconduct flows from one incident, it is not a one-off lapse in judgment. [read post]
6 Feb 2024, 5:00 am
The court was satisfied that, “[w]hile the Plaintiff’s misconduct flows from one incident, it is not a one-off lapse in judgment. [read post]
6 Feb 2024, 4:30 am
It’s no wonder that the DOJ made an offer of judgment to the plaintiff. [read post]
6 Feb 2024, 4:00 am
., Feb. 5, 2024), the U.S. 2nd Circuit Court of Appeals held that a Hawaii prison sergeant may have violated plaintiff inmate's free exercise rights by delivering his Ramadan meals 4 hours before sundown. [read post]
6 Feb 2024, 3:15 am
With those findings in hand, McCormick did not rule on the plaintiff’s additional arguments that the proxy statement was misleading for other reasons (namely, it falsely described the payment milestones as “stretches” when in fact the early ones were already expected within Tesla internally.) [read post]
