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28 Aug 2024, 4:15 am
While the report recommended denial of Abbott’s motion for prejudgment interest, the magistrate judge found that enhanced damages totaling more than $54 million should be awarded to Abbott for loss of goodwill following the defendants’ unauthorized sale of international versions of Abbott’s FreeStyle Diabetes test strips into the United States. [read post]
28 Aug 2024, 4:15 am
While the report recommended denial of Abbott’s motion for prejudgment interest, the magistrate judge found that enhanced damages totaling more than $54 million should be awarded to Abbott for loss of goodwill following the defendants’ unauthorized sale of international versions of Abbott’s FreeStyle Diabetes test strips into the United States. [read post]
28 Aug 2024, 3:45 am
So, trains are back in motion. [read post]
28 Aug 2024, 3:28 am
The parties to this opposition proceeding filed cross-motions for summary judgment but stipulated that the Board could decide the case on the merits based solely on the summary judgment papers, including resolution of any genuine disputes of material facts. [read post]
27 Aug 2024, 10:30 pm
At the end of August 2024, the family survived the defendants' motions to dismiss. [read post]
27 Aug 2024, 9:01 pm
The court’s decision partially granted and partially denied the defendants’ motion to dismiss. [read post]
27 Aug 2024, 2:25 pm
Since 1995, the federal law governing shareholder class actions–the Private Securities Litigation Reform Act–has required plaintiffs to plead both fraudulent intent (scienter) and falsity with greater particularity in order to survive defense motions to dismiss their cases. [read post]
27 Aug 2024, 1:01 pm
On August 22, 2024, the CFPB filed its reply brief in support of its motion to dissolve the preliminary injunction and lift the stay of the CFPB’s credit card late fee final rule (“Rule”) in the lawsuit challenging the Rule. [read post]
27 Aug 2024, 12:20 pm
There will certainly be some post-verdict motions, including the adjudged infringer’s motion for JMOL as well as the patentee’s request for treble damages and attorney fees. [read post]
27 Aug 2024, 11:43 am
Last week, I somewhat surprised myself by arguing here on Dorf on Law that the 2024 election -- and the impending coup that Donald Trump's Republican Party is already setting in motion -- makes almost all policy wonkiness irrelevant. [read post]
27 Aug 2024, 11:38 am
The district court denied Missouri's motions to dismiss for lack of standing and failure to state a claim, granted the motion of the United States for summary judgment, and enjoined implementation and enforcement of the Act. [read post]
27 Aug 2024, 10:46 am
Aug. 7, 2024) Daubert motions for this case. [read post]
27 Aug 2024, 9:58 am
The earlier you get your case started, the more time your lawyer will have to gather evidence and file motions with the court on your behalf. [read post]
27 Aug 2024, 9:57 am
For the foregoing reasons, it is hereby ORDERED that Defendants’ Motion for Summary Judgment (ECF 5) is DENIED; and it is further ORDERED that Plaintiffs’ Cross Motion for Summary Judgment (ECF 12) is GRANTED; and it is further ORDERED that the BIA’s decision of August 24, 2022 regarding Plaintiffs’ I-130 petition is VACATED; and it is further ORDERED that this matter is REMANDED to the BIA. [read post]
27 Aug 2024, 9:20 am
In response to The New York Times' lawsuit, OpenAI has filed a motion to dismiss key components of the case. [read post]
27 Aug 2024, 9:00 am
Truck accidents often result in devastating injuries and significant financial losses for the victims involved. [read post]
27 Aug 2024, 8:36 am
If the motion is granted, your probation will end. [read post]
27 Aug 2024, 8:35 am
Disney secures reversal in motion capture lawsuit, several pirate streaming sites shutter and gaming company wins trademark/copyright case. [read post]
27 Aug 2024, 7:57 am
— in a case involving a request for records about the FTC’s regulation of Twitter, granting the government’s partial motion to dismiss; rejecting the requester’s first alternative disclosure claim under the APA for failure to state a claim because the FOIA provides an adequate remedy; also rejecting a second alternative claim under the Mandamus Act for lack of subject-matter jurisdiction; allowing the requester’s challenge under FOIA to the FTC’s use of… [read post]
27 Aug 2024, 7:51 am
Another option available through post-conviction relief is filing a motion for a new trial. [read post]