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15 Nov 2023, 6:44 am
In this case, officer Olsen shot plaintiff Williams, who claims the gunshot was excessive. [read post]
15 Nov 2023, 6:30 am
" While ill will and improper motive toward the plaintiff are not elements of actual malice, "evidence of the defendant's 'anger and hostility toward the plaintiff' may serve as circumstantial evidence of actual malice 'to the extent that it reflects on the subjective attitude of the publisher.'" … [To avoid dismissal, in this case,] Gonzales must demonstrate a reasonable probability of proving [at an eventual jury trial]… [read post]
15 Nov 2023, 5:40 am
The plaintiff’s reply to their Motion for PI, due shortly, is now a must-read document. [read post]
15 Nov 2023, 5:30 am
The court ruled in this fashion due to the fact that the Plaintiff’s claim was expressly premises, in part, on ownership of the property. [read post]
15 Nov 2023, 5:00 am
.), the trial court addressed the issue of what status a home delivery person, such as a UPS delivery person, had in the eyes of the law in a fall-down case on a homeowner’s property, i.e., whether that Plaintiff delivery person would be a business invitee, or a licensee.In this case, the judge ruled that a UPS driver who fell on the Defendant’s property was a licensee and not a business invitee. [read post]
15 Nov 2023, 4:30 am
Now, let’s return to our plaintiff. [read post]
15 Nov 2023, 3:56 am
Expert witness who consulted with plaintiff but didn’t sign an NDA could testify as expert for defendant. http://media.ca8.uscourts.gov/opndir/23/10/231004P.pdf Facebook’s public statements about users’ control of their data and risks of its misuse supported fraud claims under Securities Exchange Act of 1934. https://cdn.ca9.uscourts.gov/datastore/opinions/2023/10/18/22-15077.pdf Monopolist’s threats to punish buyers who bought from upstart… [read post]
15 Nov 2023, 3:30 am
As the authors explain, the application of copyright’s substantial similarity problem suffers from base rate neglect, which causes courts and litigants to significantly overstate the likelihood that a defendant copied from a plaintiff. [read post]
14 Nov 2023, 4:53 pm
Simultaneously, a plaintiff law firm and litigation funder identified an opportunity and commenced class action proceedings under Part IVA against McDonald’s (and not the individual franchisees), on behalf of affected employees. [read post]
14 Nov 2023, 3:19 pm
On November 7, 2023, the Ninth Circuit affirmed the District Court for the Eastern District of California’s (District Court) June 22, 2020, decision granting summary judgment in favor of Plaintiffs. [read post]
14 Nov 2023, 3:19 pm
On November 7, 2023, the Ninth Circuit affirmed the District Court for the Eastern District of California’s (District Court) June 22, 2020, decision granting summary judgment in favor of Plaintiffs. [read post]
14 Nov 2023, 2:00 pm
Watch Practical Guidance L&E’s three-video suite on the ADA by attorney Jonathan R. [read post]
14 Nov 2023, 2:00 pm
Read now » Related Content Plaintiff's Interrogatories in Hatch-Waxman Patent Litigation Prepare interrogatories for service on a generic challenger accused of infringement under the Hatch-Waxman Act. [read post]
14 Nov 2023, 12:16 pm
Legal Strategy: Sometimes, even if Uber’s policy would cover the claim, plaintiffs may pursue the driver directly if they are seeking to recover a larger amount of damages under a different legal theory. [read post]
14 Nov 2023, 11:58 am
District Court for the Eastern District of California, challenging the OEHHA’s decision. [read post]
14 Nov 2023, 10:38 am
This failure to provide care aligned with professional standards directly caused or exacerbated the plaintiff’s injuries. [read post]
14 Nov 2023, 10:37 am
The court examined the concepts of contributory negligence, where a plaintiff’s own negligence might offset the defendant’s liability, and the assumption of risk, assessing whether the plaintiff knowingly and voluntarily exposed himself to a known hazard. [read post]
14 Nov 2023, 9:50 am
To determine malpractice, the courts will determine whether the plaintiff holds professional status. [read post]
14 Nov 2023, 9:50 am
To determine malpractice, the courts will determine whether the plaintiff holds professional status. [read post]
14 Nov 2023, 9:50 am
To determine malpractice, the courts will determine whether the plaintiff holds professional status. [read post]
