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12 Feb 2024, 6:50 am by Daniel M. Kowalski
Mohamed’s unreasonable delay claim against Secretary Bitter fails to state a claim upon which relief can be granted. [read post]
12 Feb 2024, 6:42 am by brbadmin
” “The firm’s allegedly conflicted loyalties, particularly in a 2017 strict foreclosure dispute, led to the loss of an ‘extremely valuable asset’ for 111 West 57th Partners, an affiliated entity of 111 West 57th Investment listed as a plaintiff, according to the summons. [read post]
12 Feb 2024, 6:37 am by Unknown
It does not matter whether the employer was motivated by retaliatory animus or was motivated, for example, by the belief that the employee might be happier in a position that did not have SEC reporting requirements,” Justice Sotomayor wrote.Furthermore, requiring a plaintiff to show retaliatory intent would ignore the statute’s mandatory burden-shifting framework. [read post]
12 Feb 2024, 6:07 am by Kevin LaCroix
  Let’s be prepared to flip the script before plaintiff lawyers set a biased and prejudicial narrative that has animated the retirement plan excess fee cases. [read post]
12 Feb 2024, 6:00 am by Daniel J. Gilman
As the comments rightly note, the FTC (and DOJ, and state enforcers, and sometimes private plaintiffs) already enforce the antitrust laws in the pharmaceutical sector. [read post]
12 Feb 2024, 5:24 am by Jeff DeFrancisco
Case Setting The plaintiff, along with her husband, commenced a legal action to seek damages for medical malpractice and lack of informed consent against the defendant, a physician, and the defendant’s employer. [read post]
12 Feb 2024, 5:01 am by Eugene Volokh
" Plaintiff states that he "now has genuine fear for his safety" because Defendant has called Plaintiff's protected speech, among other things, "hate litter. [read post]
12 Feb 2024, 4:52 am by Will Newman
Even in cases where a plaintiff could recover their attorney’s fees from a defendant, it still may not make sense to sue for less than $300,00 and risk losing or risk being unable to collect. [read post]
12 Feb 2024, 4:00 am
’”In this instance, since the record reinforced that there was nothing “unusual or violent” about the bus’s movement at the time of her fall, the AD2 left the dismissal undisturbed.Now that wasn’t moving at all.# # #DECISIONM. v MTA Bus Co. [read post]
12 Feb 2024, 4:00 am by Administrator
Jolicouer, 2024 ONCA 81, upholding the trial judge’s trial and costs decisions (2022 ONSC 4550 and 2022 ONSC 6684) requiring the plaintiff estate representative to personally bear two-thirds of the costs of a civil action as a result of “acting unreasonably or in substance for their own benefit, rather than for the benefit of the estate. [read post]
12 Feb 2024, 3:15 am by John Jenkins
And, with respect to officers, the scope of an officer’s duty of oversight would need to fall within the officer’s sphere of corporate responsibility. [read post]
12 Feb 2024, 2:33 am by Andrew Lavoott Bluestone
On July 14, 2020, the United States Court of Appeals for the Second Circuit denied the plaintiffs petition for an appeal. [read post]
12 Feb 2024, 1:06 am by Giesela Ruehl
The decision of the Court of Justice of the European Union (CJEU) will be of particular topical interest not least in light of the EU’s efforts to combat so-called “Strategic Lawsuits Against Public Participation” (SLAPPs) within the EU in which typically financially potent plaintiffs initiate unfounded claims for excessive sums of damages against public watchdogs (see COM(2022) 177 final). [read post]
11 Feb 2024, 9:01 pm by renholding
  On appeal, the Second Circuit reinstated the plaintiffs Section 10(b) and Rule 10b-5 claims. [read post]
11 Feb 2024, 5:00 pm by Guest Author
The Texas law pressures platforms to take down controversial speech HB20, the Texas law, forbids social media platforms to “censor a user, a user’s expression, or a user’s ability to receive the expression of another person based on (1) the viewpoint of the user or another person [or] (2) the viewpoint represented in the user’s expression or another person’s expression. [read post]