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23 Dec 2008, 7:32 am
Plaintiff was permitted to amend its infringement contentions because it had been diligent in analyzing "500 gigabits of [the defendant's] source code and tens of thousands of [the defendant's] confidential documents since serving its original contentions," and the prejudice to defendant would be minimal since plaintiff's amended contentions "reduced its claims from thirty-five to eighteen while withdrawing all infringement theories based on… [read post]
7 Oct 2013, 8:00 am by Robert Kreisman
Significantly, the new law will require a defendant to pay all of the settlement amounts to the plaintiff within 30 days of the date that the signed release is tendered to the defendant. [read post]
7 Apr 2014, 10:38 pm by Patricia Salkin
Army Corps of Engineers denied the application, and Lost Tree claimed “that the denial of that permit eliminated all economically viable use of the plot and constituted a taking in contravention of the Takings Clause of the Fifth Amendment to the United States Constitution. [read post]
10 May 2010, 8:56 am
Thus, plaintiff is entitled to a res ipsa loquitur presumption and the burden shifts to the defendants to produce evidence which establish they did not cause one, or all, of plaintiff's injuries. [read post]
16 Oct 2009, 8:14 am
The plaintiffs in the Joel Tenenbaum case have filed a reply in support of their motion for entry of judgment (including a request for an injunction prohibiting Tenenbaum from further infringement) following their July 31 trial victory over the admitted peer-to-peer infringer. [read post]
11 May 2016, 9:59 am by Sean Wajert
 To the extent that Plaintiff's claim challenged the labeling of the type of “caffeine” or “tonic” as “natural” or “all natural” and the failure to describe the caffeine and other ingredients as “unnatural,” the claim failed because Plaintiff did not allege that he read those parts of the label. [read post]
7 Feb 2023, 5:59 am by Second Circuit Civil Rights Blog
Pleading it correctly is not easy, as the plaintiff may not have all the evidence she needs prior to filing the lawsuit. [read post]
10 Mar 2015, 5:00 am by Daniel E. Cummins
MazzoniLackawanna CountyThe Plaintiff also asserted that the production of all photos and videos completed during the inspection, including those not intended for trial, was not permitted under the attorney work product privilege. [read post]
21 May 2007, 1:56 pm
In order to avoid repeating themselves in pleadings, lawyers will "incorporate by reference" all of the previous paragraphs, rather than restate them in each count. [read post]
29 Jan 2007, 6:19 pm
But we all know someone has to do the heavy lifting. [read post]
6 Feb 2018, 12:00 am by Carlos Schidlow
§ 1367(c)(3), the district courts may decline to exercise supplemental jurisdiction over a claim, if the district court has dismissed all claims over which it has original jurisdiction. [read post]
27 Jun 2017, 8:29 am by Second Circuit Civil Rights Blog
Defendant says that, in the end, plaintiff did not deploy to Afghanistan after all. [read post]