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18 Jul 2012, 11:03 pm by FDABlog HPM
  After a review of the statutory and regulatory history of the AMP statute and regulatory guidance , the court concluded that the absence of relevant guidance was fatal to all of plaintiff’s claims prior to January 1, 2007, when Congress changed—and in the court’s view clarified--the statutory definition of AMP. [read post]
25 Jan 2019, 1:39 pm by Elizabeth Lowman
  The plaintiffs, who had all been sentenced before 2015, claimed that when the Nebraska legislature repealed capital punishment in 2015, their sentences should have been commuted, even though capital punishment was reinstated by referendum in 2016. [read post]
3 Jul 2007, 4:16 am
P. 59(e) and 60(a) motion to alter or amend the judgment, altering the judgment to include all post-verdict sales of infringing product. [read post]
13 Feb 2012, 12:11 am by Kevin LaCroix
Among the suggestions that have been proposed as a way to avert the problems associated with multi-jurisdiction litigation and to discourage plaintiffs from forum shopping is the adoption by companies of a by-law amendment designating Delaware as the sole forum for all corporate and securities litigation. [read post]
11 Apr 2017, 9:46 am by Steven Boutwell
By Greg Anding For years, plaintiffs in asbestos litigation have been filing suit in the plaintiff-friendly jurisdictions of St. [read post]
11 Jul 2011, 8:38 am
In almost all of these cases, the plaintiff will be dealing with an insurance company. [read post]
13 Dec 2021, 1:21 pm
Courtesy photoWhere There Is a Will, There Is a WayThe year 2021 proved to be another banner year for the plaintiffs bar in terms of securing  important civil litigation court decisions that favor plaintiffs’ causes, some of which overturned decades of precedent going the other way. [read post]
27 Jun 2013, 4:30 am by Steve McConnell
  Thus, it is not even a little bit surprising that the defendant in Lederman filed a motion to dismiss the complaint on the grounds that the Medical Device Amendments of 1976 preempted all of the plaintiff’s claims. [read post]
22 Nov 2014, 2:01 pm
In Ellis, the defendants demonstrated that all of the parties resided in Westchester County. [read post]
3 Jun 2022, 8:46 am by John Jascob
If this is the distinguishing factor, all the plaintiff would have had to do in Comcast would have been to assert that it was possible to provide a damages model, even without explaining what it was. [read post]
14 Mar 2012, 4:01 am by Gregory Dell
Due to the fact that all administrative remedies have been exhausted, Plaintiff has filed this lawsuit against Liberty and Allstate. [read post]
4 May 2018, 8:52 am by Steven Cohen
  the plaintiff argued that Daly did not review all of the her records prior to testifying which risk factors applied to the plaintiff. [read post]
12 Jun 2007, 5:37 am
  In the context of a Fair Labor Standards Act suit alleging that employees were not paid for all the compensable time they worked, the Eleventh Circuit held that the district court did not abuse its discretion in decertifying the collective action. [read post]
18 Sep 2009, 12:27 pm
  And, of course, there will not be any party to the lawsuit who will oppose the settlement or appeal its approval, since a major effect of the deal is to align the economic interests of plaintiff and defendant. [read post]
6 Feb 2010, 6:30 am by Avery T. "Sandy" Waterman, Jr., Esq.
Defendants have filed a Demurrer to strike Plaintiff’s “catch-all” allegation of negligence: “Such other tortious acts and omissions as may be investigated, discovered and proved”. [read post]