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22 Jun 2018, 10:11 am by Matthew Vance
  The court also rejected the defendants’ argument that the plaintiffs claims should be treated as federal law claims because he had sought punitive damages that are not available under the New Mexico Tort Claims Act. [read post]
31 Jan 2022, 4:23 am by Franklin C. McRoberts
The Veil Piercing Claim To pierce the corporate veil and hold an entity’s owners liable for the entity’s contracts or torts, a plaintiff “must establish that (1) the owners exercised complete domination of the corporation in respect to the transaction attacked; and (2) that such domination was used to commit a fraud or wrong against the plaintiff which resulted in the plaintiffs injury” (Americore Drilling… [read post]
18 Aug 2015, 2:42 am by tortsprof
Kimpson that a plaintiff's race is irrelevant when calculating future damages. [read post]
6 Apr 2010, 11:27 am by The Docket Navigator
In granting plaintiff's motion to declare the case exceptional warranting an award of attorneys' fees, the court rejected defendant's argument that its "shortcomings in its pre-filing investigation may be attributed to the fact that [plaintiff] filed this declaratory-judgment action and, therefore, [defendant] was forced to respond. . . . [read post]
7 Jan 2015, 8:04 am
"Plaintiffs brought this action challenging on constitutional grounds New York State's requirement that all children be vaccinated in order to attend public school. [read post]
22 Apr 2009, 4:30 pm
He is the legal profession’s best-known advocate for plaintiffs in food-related cases and a major force for food safety in the U.S. [read post]
14 Jul 2021, 8:09 pm by Lawrence B. Ebert
Markell’s] idea, and that they did so before the publication of plaintiffs’ patent application. [read post]
20 Jan 2011, 5:44 am by Jon Hyman
It concluded that Gross does not apply under Ohio’s age discrimination statute. [read post]
27 May 2014, 5:53 am
Plaintiff took issue with Hershey’s representations about antioxidants, nutrients, sugar, serving size, among others on its advertisements, packaging and website upon which the named Plaintiff alleged he relied when he purchased Hershey’s products. [read post]
28 Feb 2012, 11:31 am by Andrew Frisch
Defendant asserted that, on its face, plaintiff's complaint demonstrated that plaintiff was exempt under the motor carrier act, because plaintiff pled that he was a truck loader. [read post]
28 Jul 2017, 7:26 am by Docket Navigator
"[Plaintiff's] argument that [defendant] waived its improper venue defense by virtue of its Counterclaim is unpersuasive. [read post]
3 Jan 2017, 7:19 am by Docket Navigator
Following plaintiff's voluntary dismissal of its patent infringement action, the court denied defendant's motion for sanctions under Rule 11 on the ground that plaintiff's claims were baseless. [read post]
13 Aug 2014, 1:11 pm by Docket Navigator
[Plaintiff's] argument was certainly a weak one, but despite the alleged implausibility of [plaintiff's] position, [defendant] never sought summary judgment of non-infringement on the basis of the limitation at issue. [read post]
The Government Contests Plaintiffs Surgery In Moreno, the plaintiff suffered from a pre-existing back issue. [read post]
10 Jul 2024, 12:17 pm by admin
However, the judge limited the scope of her preliminary order to the plaintiff (Ryan LLC) and plaintiff-intervenors (the U.S. [read post]
27 Aug 2009, 7:28 am
A Canadian plaintiffs lawyer credits them with reducing defendants’ propensity to file obstructive motions [AmLaw Daily, interviewing class action attorney Andrew Morganti -- last paragraph] Tags: Canada, loser pays Related posts Update: Canadian loser-pays (0) Update: C$341K trauma from seeing bottled fly (2) July 3 roundup (1) Canada: class action plaintiffs lawyers on the hook? [read post]