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30 Nov 2023, 10:00 am
After the plaintiff has identified specific criteria that it alleges have been copied, the court separates the unprotectable elements, such as facts or ideas, from those that are protectable and then sorts out whether there are enough similarities between the works as to elements that are protectable such that a reasonable jury could find that the defendant’s work is substantially similar. [read post]
30 Nov 2023, 9:00 am
Even if a “normal person’s” head would have been okay after the accident, the fact that this plaintiff’s skull broke still allows them to sue. [read post]
30 Nov 2023, 7:55 am
Although the stipulation did not comply with rule 41(a)(1)(A)(ii), the district court’s order dismissing the claim against Blanco satisfied rule 41(a)(2)—which allows a district court to dismiss an action by court order at a plaintiff’s request. [read post]
30 Nov 2023, 7:12 am
In Virginia, the deceased’s personal representative must file a wrongful death lawsuit, but the deceased’s loved ones may receive the resultant damages award. [read post]
30 Nov 2023, 7:10 am
In either case, a plaintiff can file a product liability claim against the company that sold the defective product. [read post]
30 Nov 2023, 7:09 am
By Mark S. [read post]
30 Nov 2023, 7:00 am
The reality is that the cost of treating serious injuries often leads to lawsuits where the court makes a particular party liable and has them pay for the plaintiff’s medical expenses and pain and suffering. [read post]
30 Nov 2023, 6:41 am
Babybus * A 512(f) Plaintiff Wins at Trial! [read post]
30 Nov 2023, 6:41 am
” “The plaintiff moved to disqualify the firm, contending that the associate’s conflict of interest was imputed to the firm. [read post]
30 Nov 2023, 6:00 am
The Appellate Division unanimously affirmed, without costs, a ruling by Supreme Court which denied the Plaintiff's petition to annul a determination of the City of New York Reasonable Accommodation Appeals Panel [Citywide Panel] denying [1] Plaintiff's request for a reasonable accommodation from the New York City Board of Education's [DOE] COVID-19 vaccine mandate, [2] Plaintiff's motion for limited discovery,… [read post]
30 Nov 2023, 6:00 am
The Appellate Division unanimously affirmed, without costs, a ruling by Supreme Court which denied the Plaintiff's petition to annul a determination of the City of New York Reasonable Accommodation Appeals Panel [Citywide Panel] denying [1] Plaintiff's request for a reasonable accommodation from the New York City Board of Education's [DOE] COVID-19 vaccine mandate, [2] Plaintiff's motion for limited discovery,… [read post]
30 Nov 2023, 4:50 am
” The district court denied Speech First’s motion for a preliminary injunction against the university’s policy. [read post]
30 Nov 2023, 4:30 am
The plaintiff’s supervisor also testified that full-time work was essential. [read post]
30 Nov 2023, 4:00 am
The good news coming out of yesterday's oral argument in SEC v. [read post]
29 Nov 2023, 5:50 pm
If the instructions were right, then the trial court's admonition that counsel's arguments aren't the law (and to follow the instructions instead) would have solved the problem. [read post]
29 Nov 2023, 5:15 pm
Supreme Court’s Ruling Makes Venue Challenges Harder; Daniel Cummins, managing partner of Cummins Law, called the ruling, ‘another victory for the plaintiff bar at the appellate court level in Pennsylvania. [read post]
29 Nov 2023, 5:10 pm
Admissions officers do not know an applicant’s name or race. [read post]
29 Nov 2023, 2:25 pm
In general, a litigant cannot sue for another person’s injury. [read post]
29 Nov 2023, 2:05 pm
After the filing of this lawsuit, Plaintiff designated Mike Deckelman as Plaintiff’s appraiser. [read post]
29 Nov 2023, 1:37 pm
As Alison notes, she is co-counsel for the plaintiffs in the Coalition for TJ case. [read post]