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6 Oct 2014, 1:45 am
Background Following the April 20, 2010 Deepwater Horizon oil spill, BP shareholders filed a number of lawsuits against the company and certain of its affiliates and officials seeking to recover for their financial losses. [read post]
5 Aug 2023, 4:35 pm
And in criminal law, the fact that Jack Smith believes that Jack Smith knows the claims to be false does not establish “knowingly” as to the Defendant. [read post]
29 Sep 2011, 2:09 pm
2011 WL 4470701, at *20.Umm.... [read post]
2 Nov 2010, 5:46 pm
Greenstein, 13 No. 9 Westlaw Journal Nursing Home 1, Westlaw Journal Nursing Home October 22, 2010A class of disabled Medicaid recipients in Louisiana has alleged the state health department's plan to reduce benefits for home-based care violates federal disability law and might unnecessarily force thousands into nursing homes. [read post]
30 Nov 2011, 3:28 am
If someone goes into Limewire and enters “preteens” as a search term, is given a list of 20 files, and downloads all 20 with a single click, is there really any justification for subjecting that person to potentially twice as much punishment as the person who does the same thing but downloads only 10 files? [read post]
27 Aug 2009, 2:38 pm
Defendants were all ERISA fiduciaries. [read post]
20 Apr 2011, 7:38 pm
Nonpayment alone does not establish the requisite willfulness to support contempt. [read post]
6 Feb 2012, 12:06 am
In six of the cases, only inside directors and officers have been named as defendants, but in the remaining 15 cases, outside directors were also named as defendants. [read post]
27 May 2011, 8:43 pm
Whatever one's thoughts about the approach of its Judges, the fact remains that in that Court, a 1st Offender does run the risk, especially if their case is assigned to 1 particular Judge, of seeing a little time. [read post]
27 May 2012, 3:19 pm
Jan. 1, 2010). [read post]
17 May 2021, 4:00 pm
Hindsight is always 20/20. [read post]
21 Oct 2010, 12:47 pm
But a defendant’s awareness that the stream of commerce may or will sweep the product into the forum State does not convert the mere act of placing the product into the stream into an act purposefully directed toward the forum State.480 U.S. 112 (all citations and quotation marks removed).Justice Brennan, speaking for another coterie of four justices, took the opposite view:The stream of commerce refers not to unpredictable currents or eddies, but to the regular and… [read post]
18 Jul 2021, 4:05 pm
Summary judgment was entered for the defendant. [read post]
15 Sep 2020, 1:00 pm
The elements of the claim are: “(1) the defendant seized the plaintiff pursuant to legal process not supported by probable cause, and (2) the criminal proceedings terminated in the plaintiff’s favor. [read post]
20 Jun 2009, 3:58 pm
Conversely, it is essential to justice that claims disclosing real issues that may be successful proceed to trial.The test for summary judgment was put as follows:The defendant who seeks summary dismissal bears the evidentiary burden of showing that there is "no genuine issue of material fact requiring trial"...The defendant must prove this; it cannot rely on mere allegations or the pleadings...If the defendant does prove this, the plaintiff must either… [read post]
25 Jan 2016, 4:00 am
More data (including some of the CEO’s emails) was released on August 20, 2015. [read post]
15 Jun 2018, 3:07 am
It does not matter if the provider lacked any specific intent to commit a violation of this statute. [read post]
18 May 2016, 4:18 pm
Lendingtree, Inc., 1 425 F.3d 211 (3d Cir. 2005)). [read post]
29 Aug 2012, 11:56 am
These are the 25 biggest mistakes we see in the dentist cases we are called upon to defend after a DOH investigation has been initiated: 1. [read post]
26 Oct 2020, 2:13 pm
The complaint alleges that the defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. [read post]
