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15 Dec 2023, 9:30 am
District Court for the Southern District of New York in March granted the plaintiffs’ motion for summary judgment, leading to this appeal. [read post]
15 Dec 2023, 9:16 am
” However, the complaint didn’t allege that the Teint foundation’s drug panel facts are located underneath a peel-back sticker on the back. [read post]
15 Dec 2023, 9:12 am
About a month ago, Rocket was sued for making 27 telemarketing calls to plaintiff Kellie Deits (“Deits”). [read post]
15 Dec 2023, 8:49 am
“Indeed, because Plaintiff is a main competitor for Defendants, one assumes Defendants would be aware of the content hosted on Plaintiff’s website or the claims Plaintiff makes regarding its products. [read post]
15 Dec 2023, 8:44 am
The Twitter plaintiffs’ allegations don’t suffice. [read post]
15 Dec 2023, 8:26 am
” “Yet that is precisely what Plaintiff seeks to protect in this case: the originality and novelty of its own cooler design. [read post]
15 Dec 2023, 8:14 am
As such, the court affirmed the dismissal of the plaintiff’s claims. [read post]
15 Dec 2023, 7:53 am
To pursue a case in federal court, the doctrine of standing requires a plaintiff to show three things: (1) the plaintiff suffered an injury; (2) that injury can be traced to the defendant; and (3) a court can redress the injury.[8] Without standing, a federal court lacks power to adjudicate a plaintiff’s claim. [read post]
15 Dec 2023, 7:36 am
As the Court of Appeals says:Had Defendant raised presidential immunity before discovery closed, Plaintiff claims, she would have engaged in discovery on whether Defendant’s actions fell within his official duties. [read post]
15 Dec 2023, 7:35 am
On November 8, 2023, the Iowa Court of Appeals reversed the district court’s directed verdict in a surviving spouse’s case against her husband’s estate. [read post]
15 Dec 2023, 6:30 am
Examing Copyright — Zvi Rosen’s thorough study of the US Copyright Office’s copyright examination practices has recently been published in the Journal of the Copyright Society. [read post]
15 Dec 2023, 6:04 am
(SD 1/05/2023) – The Defendants’ deadline to file their Response to Plaintiff’s Motion to Dismiss is to December 26, 2023. [read post]
15 Dec 2023, 6:00 am
[Daily Beast] * Male plaintiff wins big gender discrimination case. [read post]
15 Dec 2023, 5:56 am
In this motion sequence (001), plaintiff moves pursuant to CPLR 3211 (a) (1) and (a) (7) to dismiss Walsam’s counterclaims, wherein Walsam alleges, individually and on behalf of a putative class, that plaintiff invoiced for legal research that the parties’ retainer agreement did not permit. [read post]
15 Dec 2023, 5:50 am
Under Indiana’s modified comparative negligence rule, plaintiffs cannot recover any damages if they were more than 50% at fault for the accident that led to their injuries. [read post]
15 Dec 2023, 5:00 am
.), the Pennsylvania Superior Court vacated a jury’s $1 million dollar verdict in favor of a Plaintiff in a motor vehicle accident matter after concluding that the defense expert witnesses were improperly precluded from testifying during the trial.More specifically, the Superior court noted that the trial court should have allowed two (2) of the defense experts, an orthopedic surgeon, and a biomedical engineer, to testify on causation issues.The court noted that, just as the… [read post]
15 Dec 2023, 4:30 am
So, now it’s up to the plaintiff to demonstrate that the defendant’s explanations are false or unbelievable (in a bad way). [read post]
15 Dec 2023, 4:18 am
In most cases, strict liability cases are easiest for plaintiff’s to prove. [read post]
15 Dec 2023, 4:05 am
I also dissent with respect to the majority’s rulings on Vlaming’s free speech and due process claims. [read post]
15 Dec 2023, 4:00 am
PLAINTIFF WAS UNABLE TO SHOW THAT THE MUNICIPALITY HAD NOTICEAfter she tripped and fell on a ramp that she claimed was “too steep,” C. [read post]