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2 Feb 2022, 4:00 am
And if principles of natural law provided the controlling standard, Plaintiffs would have a compelling moral argument: “In cases of need, all things are common property, so there would seem to be no sin in taking another’s property, for need has made it common. [read post]
11 Apr 2024, 3:52 am
All three factors favored a stay, and so the court directed the clerk of the court to stay the case. [read post]
17 Jul 2024, 6:52 am
Plaintiff fails both tests. [read post]
5 Feb 2014, 4:30 am
Worst of all, when case developments bring us low: "I'm Down," and, of course, "I'm a Loser." [read post]
17 Jun 2010, 8:14 pm
All One God Faith, Inc. v. [read post]
23 Apr 2013, 1:45 pm
So where does all this leave the law? [read post]
13 Nov 2013, 11:00 am
The dismissal order may state that costs shall be borne by the party incurring same, but in a simple debt case all costs (in the form of filing and service fees) will already have been paid by the plaintiff, and they cannot be shifted to the defendant without a judgment against the defendant. [read post]
6 Feb 2015, 5:59 am
Plaintiffs from the U.S., South Korea and Norway all filed separate class-action lawsuits against the defendants, alleging the same operative facts. [read post]
29 Nov 2014, 11:28 am
” The Appeals Court did not accept the lower court’s reasoning that lightning strike is such a speculative risk as to prohibit recovery in all situations. [read post]
18 Jun 2017, 5:34 am
We have probably all been in car accident at some point in lives. [read post]
11 Jul 2013, 5:01 am
The first is that, for all the citation of TwIqbal standards in the orders on the motions to dismiss and the opportunities afforded plaintiff to tweak with her complaint, plaintiff was allowed to play fast and loose with what conduct she alleged created liability for the defendants. [read post]
27 Jul 2015, 7:27 am
To the extent that plaintiff can only prevail if all elements are proven, it logically follows that a defendant need only establish the absence of one element to obtain summary judgment. [read post]
23 Jun 2008, 9:12 pm
The purchase order, and subsequent purchase orders for changes the plaintiff wished to make on the project all contained the forum selection clause and a clause indicating that the initiation of performance under the purchase orders constituted acceptance of the terms of the orders. [read post]
4 Oct 2016, 12:38 am
What it precluded was the waiver of the right to pursue PAGA claims at all. [read post]
18 Jan 2023, 5:01 am
Moreover, plaintiff uses initials for all key witnesses appearing in the complaint. [read post]
10 Oct 2023, 2:04 pm
As of the date of this Opinion, it is not clear whether Plaintiff has formally taken an appeal of her dismissal but all of the evidence submitted indicates that she plans to do so. [read post]
15 Mar 2016, 1:08 pm
In other words, defendants were willing to forego all ex parte communications for an even-handed rule that allowed plaintiffs communications commensurate with the extent of the patient-physician privilege. [read post]
23 Jun 2013, 11:56 pm
The gist of Plaintiff’s claim—without getting into all the gory procedural details—is that Defendant screwed up handling the case—primarily in not filing an answer and identifying affirmative defenses—such that Plaintiff was damaged. [read post]
27 Feb 2023, 9:01 pm
The court held that, at the pleading stage and accepting all allegations as true, plaintiffs adequately alleged that Dapper Labs violated Sections 5 and 12(a)(1) of the Securities Act of 1933 (Securities Act) by offering National Basketball Association (NBA) Top Shot Moments non-fungible tokens (Moments) without a registration statement. [read post]
12 Sep 2011, 6:30 am
His point is that confidential settlements make it harder for future plaintiffs to get evidence and information they need to bring out all of the facts about the defendant's conduct. [read post]
