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15 Oct 2008, 3:37 pm
And as this case here, and Roy Harmon’s discussion of it shows, the application of those elements to this type of scenario tends to end up with a finding that the individual plan participant who has lost a case against a large plan does not have to pay attorney’s fees to the prevailing defendant. [read post]
21 Nov 2013, 9:46 pm
Christopher Walton is dedicated to defending the rights of elder abuse victims and ensuring they receive the compensation they deserve. [read post]
26 Jul 2016, 6:50 am
Cir. 2007)] test, is sufficient to find subjective willfulness, the Court still finds, in its discretion, that the defendants’ conduct did not rise to the level of egregiousness meriting an award of enhanced damages. . . . [read post]
22 Apr 2020, 9:44 am
The Court’s Decision Although the Court held it would be largely granting the defendants’ motion for summary judgment in a separate opinion, it granted plaintiff’s motion for sanctions and held the summary judgment, “ruling does not render moot the motion for sanctions. [read post]
1 Mar 2024, 9:09 am
Therefore, the Defendant-Employer submitted that our client should be compelled to proceed through arbitration in the manner specified in the Employee Handbook and Acknowledgement. [read post]
15 Sep 2017, 7:22 am
For instance, aggravated battery requires proof of a specific intent to cause great bodily harm, whereas felony battery does not. [read post]
28 Aug 2012, 10:09 pm
Here, a Nassau County Criminal Lawyer said the order of the Appellate Division does not expressly state that the reversal is on the law alone. [read post]
28 Feb 2019, 8:49 am
In the case out of Miami, the 24-year-old defendant does not claim to have a valid medical marijuana card. [read post]
6 Sep 2013, 9:40 am
Because the FCRA does not cap the amount of punitive damages, the plaintiff’s request for unspecified punitive relief in Res-Care blocked the defendant from effectively using an offer of judgment to render the case moot at the motion to dismiss stage. [read post]
23 Mar 2010, 5:16 am
Drug dog already at the scene does not unconstitutionally extend a traffic stop. [read post]
21 Aug 2010, 7:01 am
July 16, 2010).* Defendant filed a 2255 against defense counsel for, inter alia, not filing a motion to suppress. [read post]
13 Dec 2023, 2:42 pm
The post New United States Supreme Court Ethics Code Does Little to Solve Ethics Lapses appeared first on New Jersey Criminal Defense Attorney Blog. [read post]
20 Mar 2015, 5:05 pm
John Does, Defendant [sic], 2015 WL 930249 (U.S. [read post]
10 Jul 2009, 6:11 am
July 1, 2009): However, defendant's lack of possessory interest in the car does not end the standing inquiry. [read post]
30 Apr 2013, 4:14 pm
After the PTO granted defendant’s request for inter partes reexamination in December 2012, defendant filed a renewed motion to stay—the motion at issue in Judge Sleet’s recent memorandum opinion. [read post]
25% Apportionment Factor Based on Past License And Not Industry Rule of Thumb Does Not Offend Uniloc
12 Jul 2011, 7:49 am
"As [plaintiff's expert] explains in his report, in 1996, [a third party and a defendant] entered into a license agreement in which [defendant] agreed to pay [the third party] a royalty equal to 25% of the manufacturing cost savings that resulted from [defendant's] use of the licensed technology. [read post]
6 Mar 2013, 10:08 am
This, however, does not establish that the reasonable consumer would expect honey to contain pollen. [read post]
29 May 2019, 12:14 pm
§ 1441(a) and the CAFA does not include a third-party counterclaim defendant, such as Home Depot. [read post]
9 Jun 2010, 7:06 pm
” As set forth in the Court’s Order, the plaintiffs action alleges that “Defendant does not mention that its drink products contain HFCS [i.e. [read post]
16 Aug 2017, 6:35 am
He does not encourage conflicting views. [read post]
