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7 Nov 2019, 3:34 am
[Disclosure: The author of this post represented the plaintiffs in Fifth Third Bancorp v. [read post]
6 Nov 2019, 1:12 pm
Last year, a single-plaintiff case resulted in a $289 million verdict. [read post]
6 Nov 2019, 9:53 am
” However, the existence of such an agreement did not automatically determine liability under the successor liability doctrine, which is determined utilizing the Fifth Circuit’s nine-factor test. [read post]
6 Nov 2019, 7:59 am
Physicians often recommend more frequent and extensive prenatal testing, and may refer mothers to maternal-fetal specialists. [read post]
6 Nov 2019, 3:55 am
Jander, which asks whether ERISA plaintiffs can state a claim for breach of a duty of prudence by making general allegations that the costs of undisclosed fraud grow over time. [read post]
5 Nov 2019, 5:24 pm
The plaintiff also filed a workers’ compensation claim with his employer to recover benefits. [read post]
5 Nov 2019, 2:44 pm
” Against that backdrop, the same New York-based law firms that have spearheaded the web accessibility litigation are now testing a new front: gift cards. [read post]
5 Nov 2019, 8:07 am
The Supreme Court of Canada sets out the test for determining whether speech is protected by section 2(b) as follows in Canadian Broadcasting Corp. v. [read post]
4 Nov 2019, 9:07 am
The plaintiff commenced this action for divorce on January 9, 2012. [read post]
4 Nov 2019, 5:20 am
Subpart D didn’t compel the tests; it merely permitted and immunized them. [read post]
4 Nov 2019, 2:41 am
Next, VC Glasscock concludes that Heartland’s amended complaint in the New Jersey action erases Carr’s previously-found right to advancement, reasoning as follows: The “by reason of the fact” test requires a causal nexus between the litigation and Carr’s official corporate capacity. [read post]
2 Nov 2019, 5:29 am
Documents submitted to a court to support or oppose a motion for summary judgment can only be sealed if they pass a First Amendment test. [read post]
31 Oct 2019, 5:55 pm
Lead plaintiff competitions are not a race to the courthouse or a test of the fittest. [read post]
31 Oct 2019, 7:07 am
In a larger context this case is part of a trend in which federal courts refuse to recognize dignitary harms to those who test websites without any intent to take advantage of the underlying goods and services. [read post]
31 Oct 2019, 5:20 am
Specifically, the court noted that the obligation to obtain consent rested with the physician who ordered the test, not the technician that performed the test. [read post]
30 Oct 2019, 1:47 pm
This could embolden the plaintiff bar to initiate lawsuits against all companies selling homeopathic products – even those that survive the increased scrutiny of this new FDA enforcement policy. [read post]
30 Oct 2019, 1:47 pm
This could embolden the plaintiff bar to initiate lawsuits against all companies selling homeopathic products – even those that survive the increased scrutiny of this new FDA enforcement policy. [read post]
30 Oct 2019, 6:06 am
Qualified immunity is an objective test, not a subjective one. [read post]
30 Oct 2019, 3:30 am
Plaintiffs’ Attorneys Fees in Securities Fraud Class Actions, NYU Law and Economics Research Paper No. 19-31 (July 15, 2019), available at SSRN. [read post]
29 Oct 2019, 4:30 pm
The court began by explaining that the defendant doctor’s involvement in the decedent’s treatment was as a fourth-year gastroenterology fellow and medical doctor; he allegedly failed to re-test the decedent’s blood coagulation profile and treat him accordingly prior to his surgery. [read post]
