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24 Sep 2019, 5:00 am
This particular defendant asserted that, because his tractor-trailer never came into contact with the plaintiff’s vehicle, that defendant could not be found to be a factual cause of the plaintiff’s injuries or damages. [read post]
28 Oct 2020, 3:30 am
Continue reading "Assessing the Rise of the Governmental Plaintiff"The post Assessing the Rise of the Governmental Plaintiff appeared first on Jotwell. [read post]
10 Feb 2017, 7:27 am
§ 1927 and the court's inherent authority for fees incurred in responding to plaintiffs' motion for terminating and disqualification sanctions. [read post]
2 Jan 2018, 9:40 am
The court did so based on the fact that the plaintiff’s expert testimony was not refuted. [read post]
25 Jun 2012, 2:18 pm
Initially, the trial court dismissed the plaintiff’s claims noting that: [Plaintiff] does not contend that other individuals have joined her collective action. [read post]
25 Nov 2015, 6:43 am
The Court is well within its discretion under the plain reading of the rule to dismiss all unasserted claims and counterclaims with prejudice for two related reasons: (1) Plaintiff failed to prosecute by not seeking to increase the number of claims in a timely fashion under the Court’s permissible due process procedure; and (2) to the extent Plaintiff wanted to assert claims regarding the four (now unasserted) patents, Plaintiff failed to timely comply with… [read post]
19 Jun 2018, 8:55 am
The plaintiff’s expert testified that, in his opinion, the plaintiff’s injuries were caused by the accident. [read post]
19 Jun 2018, 8:55 am
The plaintiff’s expert testified that, in his opinion, the plaintiff’s injuries were caused by the accident. [read post]
9 Jul 2021, 5:15 am
The court rejected the plaintiff’s argument and dismissed her case. [read post]
1 May 2012, 12:58 pm
During Plaintiff’s training, he was injured while cleaning a room. [read post]
18 Apr 2018, 2:38 pm
The court then rejected the plaintiff’s defective design case based on the fact that the manufacturer’s warnings were found to be sufficient. [read post]
15 May 2012, 9:39 pm
In this case, the plaintiff’s only counter to the defendant’s argument the plaintiff CSB lacked standing before March 29, 2010, was that the defendant had not specified whether the assignment was governed by German or American law. [read post]
8 May 2015, 6:39 am
[Plaintiff's] argument hinges on an incorrect reading of Ericsson, Inc. v. [read post]
2 Oct 2017, 5:56 am
Since the officer should have recognized that plaintiff was a train buff and the officers continued plaintiff's detention even after they cleared him of any threat to the railroad. [read post]
31 Oct 2019, 3:13 am
” This conversation prompted plaintiff to contact a law firm in December 2013, and in February 2014 plaintiff, through counsel, requested her father’s medical records. [read post]
28 Mar 2018, 7:19 am
On appeal, appellate judges concluded plaintiff had met her burden and had shown good cause for fast-tracking the case and reversed trial court’s denial of plaintiff’s motion with direction to hold a trial within 120 of its order. [read post]
1 Feb 2018, 3:00 am
The District Court noted that CAFA’s “mass action” jurisdictional provision conferred federal jurisdiction over civil actions in which the amount in controversy exceeded $75,000 and the monetary relief claims of 100 or more persons were proposed to be tried jointly on the ground that the plaintiffs’ claims involved common questions of law or fact. [read post]
18 Mar 2019, 2:58 pm
In some cases, failing to meet the filing deadlines can have an adverse outcome, including dismissal of the plaintiff’s claims. [read post]
13 Dec 2018, 7:41 am
The Appellate Court’s Opinion The appellate court agreed with the plaintiff, and reversed the lower court’s decision. [read post]
17 Oct 2012, 7:19 am
Does 1-13, plaintiff has filed a response to Doe number 5's motion to sever and quash. [read post]
