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6 Jul 2023, 10:00 am by Scott Hervey
  The importance of transformativeness all changed with this opinion. [read post]
6 Jul 2023, 8:03 am by Larry
Substantive due process relates to circumstances in which the plaintiff has been deprived of "life, liberty, or property without due process. [read post]
6 Jul 2023, 7:05 am by Allan Blutstein
Va.) -- ruling that: (1) plaintiff’s Amended Complaint failed to challenge the SEC’s redactions and plaintiff could not add the claim via briefing; (2) plaintiff’s timeliness claim became moot as soon as the SEC issued a final determination, rejecting plaintiff’s argument that its timeliness claim was '“capable of repetition, yet evading review”; and (3) in response to requests for “all communications”… [read post]
6 Jul 2023, 6:04 am by Brielle A. Basso
” The court further ordered that, pursuant to Rule 37(c)(1), the plaintiff’s counsel was required to pay all of the defendants’ reasonable expenses, including reasonable attorneys’ fees and costs, incurred in connection with the limited depositions. [read post]
6 Jul 2023, 6:04 am by Brielle A. Basso
” The court further ordered that, pursuant to Rule 37(c)(1), the plaintiff’s counsel was required to pay all of the defendants’ reasonable expenses, including reasonable attorneys’ fees and costs, incurred in connection with the limited depositions. [read post]
6 Jul 2023, 6:04 am by Brielle A. Basso
” The court further ordered that, pursuant to Rule 37(c)(1), the plaintiff’s counsel was required to pay all of the defendants’ reasonable expenses, including reasonable attorneys’ fees and costs, incurred in connection with the limited depositions. [read post]
6 Jul 2023, 5:49 am by Eugene Volokh
University of __, all different yet identically named? [read post]
6 Jul 2023, 5:13 am by Eugene Volokh
I'm on the run for the next several days, so I can't speak to all this in detail, but since this blog is The Premier Source for Pseudonymity News (well, the only source that has any specialization in pseudonymity news), I thought I'd flag it for our readers. [read post]
5 Jul 2023, 9:01 pm by renholding
In dismissing the complaint, the court found that the plaintiff failed to plead facts supporting a reasonable inference that the statements were false or misleading. [read post]
5 Jul 2023, 4:37 pm by INFORRM
Following Bloomberg in the Court of Appeal, Warby J held that the plaintiff had a reasonable expectation of privacy when being investigated and not yet charged, and that identifying him made no contribution to any public debate. [read post]
Working on the plaintiff's side, my clients come from all walks of life, but the one thing they all have in common is that they have been injured or wronged in some way. [read post]
5 Jul 2023, 11:25 am by Lindsay Colvin Stone
Gerald Groff, the plaintiff in Groff, was an evangelical Christian rural postal carrier employed by the United States Postal Service (“USPS”) in Pennsylvania. [read post]
5 Jul 2023, 10:00 am by Leah Litman
If the plaintiff lacks standing, the federal court is supposed to dismiss the case. [read post]
5 Jul 2023, 10:00 am by Leah Litman
If the plaintiff lacks standing, the federal court is supposed to dismiss the case. [read post]
5 Jul 2023, 5:47 am by Eugene Volokh
After all, the typical libel plaintiff could argue that requiring him to sue under his own name would only further publicize the alleged libel. [read post]
5 Jul 2023, 5:00 am
”A party asserting a contract breach claim has six years to file suit, while a party alleging fraud has the greater of six years from when the misconduct occurred, or two years from the time plaintiff discovers the fraud or could have reasonably discovered it (CPLR 213 [8]).Even assuming J.R. hadn’t uncovered the fraud for several years, the AD2 thought that cause of action was was still barred, because the case was brought more than two years after its alleged discovery.Think… [read post]
5 Jul 2023, 4:30 am
The court ruled reiterated the general rule that landowners do not have a duty to remove any and all dangers from any and all parts of their premises involving winter conditions.As stated, the trial court's entry of summary judgment was affirmed. [read post]