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11 Jan 2024, 9:35 am
In theory, a unanimous finding that the defendant’s health care provider’s error was indeed the cause of the plaintiff’s injuries, would motivate the provider and his or her insurer to settle before trial rather than risk having a jury hear about the panel’s conclusions. [read post]
11 Jan 2024, 9:24 am
It will be interesting to see what the construction industry’s reaction to this bill would be should it become law. [read post]
11 Jan 2024, 9:06 am
Although the domain name registration was done before the GI application was filed, French media were already covering the plaintiff’s preparations: the respondent surely knew about the reputation of Limoges porcelain and its forthcoming GI registration.DecisionAFNIC sided with the claimant. [read post]
11 Jan 2024, 7:36 am
The anticompetitive animus exception provided no value to the Malwarebytes case, as the plaintiff’s case failed on the merits on remand (though the Ninth Circuit revived it, so it’s still ongoing). [read post]
11 Jan 2024, 6:51 am
” “Joint representation can also pose a problem when a lawyer represents more than one plaintiff in a personal injury case. [read post]
11 Jan 2024, 6:44 am
Punitive damages in the amount of $9,000 were awarded to each of the 53 plaintiffs, aggregating $477,000. [read post]
11 Jan 2024, 4:57 am
” In the case at hand, “California’s sole contact to the dispute was the happenstance of the plaintiff’s residence there. [read post]
11 Jan 2024, 4:00 am
Defendants argue that to prevail on the RFRA claim, Plaintiffs must demonstrate how DEA’s exemption process substantially burdens their allegedly sincere exercise of religion, and Plaintiffs have not attempted to plead such burden.The Court rejects this argument....The court also refused to stay proceedings and require the Church to apply for a religious exemption from the Drug Enforcement Administration before reaching a decision on… [read post]
11 Jan 2024, 3:00 am
She alleged that the Rover, “has, and continues to intentionally act, with malice, wanton and willful misconduct and a reckless disregard for the truth all with the intent to damage and negatively impact the Plaintiff. [read post]
11 Jan 2024, 12:15 am
Here, the Court finds that Plaintiff's breach of fiduciary duty claim falls within this doctrine and therefore applies Delaware law. [read post]
10 Jan 2024, 9:05 pm
With the SEC’s new amendments to Rule 10b5-1 in 2023, there is a possibility that insider sales will become even less likely to support claims that an executive acted with fraudulent intent. [read post]
10 Jan 2024, 8:05 pm
The Alabama Supreme Court affirmed the trial court’s dismissal of the case, holding that the Alabama “Legislature has prohibited courts from exercising jurisdiction over the plaintiffs’ claims at this stage” before the claimants had exhausted their administrative remedies. [read post]
10 Jan 2024, 3:33 pm
It’s going to be quite the year. [read post]
10 Jan 2024, 3:05 pm
In other words, what, exactly, is the message the defendant has conveyed to others about the plaintiff that has caused (or is causing) an adverse effect on the plaintiff’s reputation? [read post]
10 Jan 2024, 11:40 am
, was filed in the Civil District Court for the Parish of Orleans, and the plaintiffs are five minors aged 9-16 as well as their respective parents and guardians. [read post]
10 Jan 2024, 11:38 am
When the Plaintiff filed his lawsuit over what had transpired with his late wife’s body, the funeral home sought to enforce the arbitration agreement. [read post]
10 Jan 2024, 9:25 am
In 2003, plaintiff’s successor in interest (via bankruptcy) established rights in the trademark TRX. [read post]
10 Jan 2024, 8:41 am
Under Maryland’s Act, Md. [read post]
10 Jan 2024, 8:24 am
The federal district court held that Georgia’s statute of repose didn’t bar the plaintiffs’ negligent design claims because a jury could find that Ford’s actions were at least reckless. [read post]
10 Jan 2024, 8:13 am
What about the trial judge's failure to offer plaintiff a remittitur? [read post]
