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25 Dec 2020, 11:17 am
In Trumpian turn-around, Proctor complained that he was real victim of witness harassment and bullying by the defense counsel, in an effort to “silence him. [read post]
14 Feb 2009, 11:56 am
Defending and defeating these cases efficiently and prudently is a top priority for many in-house legal teams and their outside counsel. [read post]
6 Sep 2016, 11:41 am
In the course of the argument, I made comments to the effect that the Plaintiff’s argument and choice of the way in which it chose to understand questions or construed questions was obtuse to the point of being obstructive. [read post]
17 Aug 2018, 12:30 pm
District court: "Plaintiff's Counsel has utterly failed to state a plausible claim. [read post]
9 Oct 2022, 5:22 am
It's actually not all that complicated:The first step is for a plaintiff to prove anticompetitive harm. [read post]
17 Apr 2018, 11:29 am
Every time someone types a plaintiff's name into Google, the libels can pop up again. [read post]
1 Sep 2018, 9:00 am
” More recent news is that the class-action lawsuit has been dismissed, first voluntarily by the lead plaintiff without prejudice, and thereafter by a federal judge, with prejudice. [read post]
16 Jul 2014, 10:23 am
In addition, as explained below, while the Court expressly declined to address the issue, its reasoning will lead plaintiffs’ counsel to argue that more than half of an employee’s pay in a pay period must “represent commissions” if the employee is to meet the exemption in that pay period. [read post]
6 Jul 2015, 10:40 am
The two cases leading to the Second Circuit’s decision are discussed below. [read post]
18 Aug 2021, 8:26 am
Plaintiffs were not trying to raise constitutional claims to reverse the state court’s child custody decisions – they were seeking damages for due process claims, including “restriction of access to the courts and denial of adequate legal counsel. [read post]
9 Jan 2020, 6:00 am
This case is a classic example of how failing to engage in measured negotiation can lead to awful consequences for a plaintiff – even when they have a strong case! [read post]
9 May 2011, 1:40 am
The Board hired outside counsel (the Latham & Watkins firm) which investigated and concluded that the activity was taking place as the employee reported. [read post]
9 Jan 2020, 6:00 am
This case is a classic example of how failing to engage in measured negotiation can lead to awful consequences for a plaintiff – even when they have a strong case! [read post]
12 Jan 2016, 1:18 pm
The court, counsel and parties should be aware that no matter how difficult the circumstances may be, the litigants’ interests are not the primary concern. [read post]
28 Feb 2022, 4:38 am
The operating agreements for the Companies were substantially the same, and each provided for monthly distributions to the plaintiff based on monthly profits. [read post]
6 Jul 2015, 10:40 am
The two cases leading to the Second Circuit’s decision are discussed below. [read post]
13 Sep 2007, 10:48 am
One reason for plaintiffs counsel's recent affinity for third-party payers as plaintiffs is to avoid the prescribing physician problem that has led to decision after decision rejecting certification of classes of prescription drug consumers.Anyway, the upshot of Operating Engineers is judicial recognition, by an influential state supreme court, that diversity of decision-making extends to large institutional payers as well. [read post]
4 May 2023, 5:16 am
Fear of copyright liability, for example, predictably leads platforms to remove parodies and home videos. [read post]
4 Apr 2011, 6:25 am
So the government defendants could preempt much of discovery, at least for now (in the face of the crowing of plaintiffs' counsel and PR team in both cases about how they are going to wade hard into discovery) and at least as to the constitutional claims by seeking immediate review as to the legal issue of clearly established. [read post]
3 Apr 2011, 9:30 pm
So the government defendants could preempt much of discovery, at least for now (in the face of the crowing of plaintiffs' counsel and PR team in both cases about how they are going to wade hard into discovery) and at least as to the constitutional claims by seeking immediate review as to the legal issue of clearly established. [read post]