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24 Nov 2023, 12:30 pm by John Ross
The Second Circuit doesn't say, but it does hold that district courts should consider a plaintiff's family-support obligations and should not just assume that prisons provide all the necessities of life when deciding whether to excuse poor inmates from prepayment of filing fees. [read post]
Instead, they focused on arguing that the plaintiffs lacked standing to bring their claim in court. [read post]
24 Nov 2023, 11:09 am by The Law Blogger
For adolescents, plaintiffs allege that this flawed design has a high potential to become addicting. [read post]
24 Nov 2023, 10:18 am by Brian
However, the burden of proof lies with the plaintiff, who must demonstrate that a healthcare provider’s actions deviated from the standard of care, resulting in harm. [read post]
24 Nov 2023, 10:18 am by Brian
However, the burden of proof lies with the plaintiff, who must demonstrate that a healthcare provider’s actions deviated from the standard of care, resulting in harm. [read post]
24 Nov 2023, 10:18 am by Brian
However, the burden of proof lies with the plaintiff, who must demonstrate that a healthcare provider’s actions deviated from the standard of care, resulting in harm. [read post]
24 Nov 2023, 9:32 am by Eugene Volokh
(affirming dismissal based on plaintiff's falsification of evidence)…. [read post]
24 Nov 2023, 9:05 am by DeFrancisco & Falgiatano
The plaintiff subsequently filed a lawsuit against the defendants, alleging medical malpractice, violation of Public Health Law, and negligence, asserting that the defendants failed to provide proper care for the decedent’s pressure ulcers. [read post]
However, when trying to enforce that decision, the plaintiffs encountered the court’s refusal to seize the assets held by the Japanese government in South Korea because that could amount to an international law violation. [read post]
24 Nov 2023, 8:00 am by AccelerateEditor
In car accident cases, expert witnesses can provide crucial insights and evidence that help clarify complex technical issues, establish facts, and support the legal arguments of both plaintiffs and defendants. [read post]
24 Nov 2023, 7:25 am by Chip Merlin
 In a case where the testimony proved that a fire occurred between 2 and 3 o’clock in the morning, which burned the buildings adjoining the plaintiffs store, and that the building his insured goods were in was about to be on fire, and caught on fire, and that he moved his goods to save them from the fire. [read post]
The plaintiffs argued that the state’s refusal to count these ballots amounted to a “meaningless technicality. [read post]
24 Nov 2023, 4:05 am by Howard Friedman
  The court said in part:This Court agrees with Plaintiffs that the Petition embraces a multitude of subjects that amount to logrolling. [read post]
24 Nov 2023, 4:00 am by Howard Friedman
But CFA's resolution does not link caste discrimination to Hinduism exclusively.... [read post]
24 Nov 2023, 4:00 am
And, in response, the employer’s lawyer wrote, “Yes, confirmed. [read post]
23 Nov 2023, 10:00 pm
Thus, the voluntary payment doctrine bars the defendant's recovery of payments it voluntarily made in connection with the plaintiff's payoff demandThe AD2 also didn’t think an “economic duress” argument applied here, as the mortgagee was said to be exercising a "legal right. [read post]
23 Nov 2023, 5:17 pm by Professor Alberto Bernabe
  Eventually, a law firm filed a class action claim against the company claiming that it was providing legal services in violation of the Illinois statute on the unauthorized practice of law.If you want to refresh your memory on the details of the original story, and to review how we got to this point, go back and check out my posts from January 29, February 14, February 16, March 4, March 10, March 17 and October 21.Today I am writing to report that, as… [read post]
23 Nov 2023, 7:04 am by Russell Knight
“The elements of common-law fraud are (1) a false statement of material fact; (2) defendant’s knowledge that the statement was false; (3) defendant’s intent that the statement induce plaintiff to act; (4) plaintiffs reliance upon the truth of the statement; and (5) plaintiffs damages resulting from reliance on the statement. [read post]
23 Nov 2023, 5:08 am by Bob Kraft
The plaintiff must provide evidence demonstrating the defendant’s liability and the connection between their actions or negligence and the death. [read post]