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22 May 2023, 12:05 pm
New Vision alleged that, even if consumers do notice the fee, sunk costs keep them at the sites, and they may also mistakenly believe that all contact-lens retailers charge similar “processing fees. [read post]
22 May 2023, 11:55 am
All Our Dancers Will Be Wearing Short Plaid Skirts! [read post]
22 May 2023, 11:09 am
” The report also notes that life sciences companies also fared well in the appellate courts in 2022, winning affirmance of dismissals in all six appeals. [read post]
A “Strong Likelihood” of Change: Sixth Circuit Joins the Fifth in Raising the FLSA Certification Bar
22 May 2023, 9:53 am
The decision—which may be the most important wage-hour decision of the year—marks a critical development for all employers facing FLSA litigation. [read post]
22 May 2023, 9:01 am
After the eleven-day trial, the district court rejected and dismissed all four of the plaintiffs’ counts. [read post]
22 May 2023, 7:46 am
Plaintiff produces no survey evidence showing a likelihood of confusion, and its evidence that, at most, 0.215% of all consumers exposed to Defendants’ ads were in fact confused by them is simply not enough to show a likelihood. [read post]
22 May 2023, 6:47 am
For example, a treating doctor might refuse to speak with the plaintiff’s attorney, and the doctor cannot be contacted by the defendant’s attorney, so the opinions set forth in the medical records about diagnosis, prognosis, and cause of injury might be all that the two attorneys know about the doctor’s opinions. [read post]
22 May 2023, 5:01 am
After all these years, it is amazing that you still think that anything white is better. [read post]
22 May 2023, 5:00 am
The Plaintiff then signed a Release in which the Plantiff released all of his claims against the tortfeasor, the tortfeasor’s insurance company and “any other person, firm, or corporation” chargeable with responsibility for the accident. [read post]
22 May 2023, 4:13 am
This, in turn, strengthens the plaintiff’s claim for compensation covering all associated expenses. [read post]
21 May 2023, 9:05 pm
Section 271 of the DGCL was amended in 2005 to clarify that the requirement of shareholder approval for a sale of all or substantially all of a company’s assets also applies to a sale by a wholly-owned subsidiary – a reform that followed the discussion in the Hollinger case and a similar shift toward entity transparency in this area by the Model Business Corporations Act (MBCA) in 1999. [read post]
21 May 2023, 9:01 pm
A clause may be deemed unreasonable when enforcement would result in duplicative litigation, when the plaintiff cannot obtain relief in the chosen forum, when the plaintiff was never provided with notice of the clause, when the chosen forum lacks any relationship to the parties, or when litigation in the chosen forum would be so gravely difficult and inconvenient that the plaintiff would be deprived of her day in court. [read post]
21 May 2023, 1:37 pm
All the AmerisourceBergen charges were dismissed one week after the timeliness ruling. [read post]
21 May 2023, 12:07 pm
As it has turned out, the plaintiffs’ lawyers have continued to file SPAC-related suits this year. [read post]
21 May 2023, 11:22 am
After all, punitive damages are awarded in a very small minority of cases anyway. [read post]
21 May 2023, 10:47 am
The plaintiff argued that every time it submitted a DMCA takedown notice, the notice also created scienter about all other infringing clips. [read post]
21 May 2023, 6:00 am
Handling all legal proceedings: We will handle all legal proceedings related to your case, including filing the necessary paperwork, negotiating with insurance companies, and representing you in court if necessary. [read post]
21 May 2023, 4:00 am
The Dottie Adams plaintiffs all lived, or currently live, in Harvey or worked near the contaminated Grefer Tract, a 33-acre industrial tract in Harvey. [read post]
21 May 2023, 3:35 am
However, plaintiffs should be aware that suing a person’s estate involves complex questions of legal procedure. [read post]
21 May 2023, 3:00 am
Plaintiffs will continue to file lawsuits when their ideas about what is “sustainable” or good for the environment differs from a company’s ideas about those concepts. [read post]