Search for: "CERTAIN ECONOMIC LOSS PLAINTIFFS"
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30 Dec 2015, 7:28 pm
Most plaintiffs are asking the courts to vacate the Rule in its entirety. [read post]
23 Dec 2015, 6:50 am
`The first inquiry in evaluating a defamation claim is whether the communication is capable of a defamatory meaning, that is, whether the words complained of are “reasonably capable of conveying a defamatory meaning to the ordinary mind and whether the meaning ascribed by [the] plaintiff[ ] is a natural and proper one. [read post]
13 Nov 2015, 9:05 pm
The Supreme Court executed a judgment on October 21, 2005, which was entered on November 3, 2005, reflecting the jury's damages award with no provision for any collateral source reduction, other than stipulated reductions for certain past economic losses. [read post]
13 Nov 2015, 11:23 am
The court found that the trial court had shown an appropriate exercise of discretion with regard to the nisi additur, considering that the personal representative had presented expert testimony regarding at least $228,000 in economic losses to the decedent’s family, as well as considerable testimony regarding noneconomic damages. [read post]
5 Nov 2015, 5:13 pm
Certain Underwriters at Lloyd’s, London, 161 Cal. [read post]
5 Nov 2015, 7:39 am
Even had the City officials been wrong about the loss of grandfather status, the court found that mistake did not support a claim of purposeful discrimination. [read post]
3 Nov 2015, 8:58 am
Non-economic damages included, but were not limited to, damages for pain and suffering, disfigurement, loss of consortium, and loss of society. [read post]
23 Oct 2015, 4:12 am
P. 24 motion to intervene in this trademark dispute regarding plaintiff Chrome Hearts’ CHROME HEARTS trademark. [read post]
19 Oct 2015, 4:00 am
The suit would normally proceed in the usual fashion, with the parties conducting “discovery” with each other, using motions and other filing to attempt to gain certain tactical advantages and, if all else failed, preparing for trial. [read post]
17 Oct 2015, 8:19 am
The Glassfords alleged that they suffered an economic loss when the sewage system failed. [read post]
2 Oct 2015, 9:30 am
Where the plaintiff succeeds in proving a violation of section 1102.5(b), compensatory damages are recoverable, including economic damages for past and future wage loss as well as emotional distress damages. [read post]
30 Sep 2015, 1:34 pm
But in the law in many states, general and punitive damages — anything beyond the provable economic losses that qualify as special damages — are unavailable, at least as to certain defendants, unless (1) plaintiff has promptly demanded a retraction, and (2) the defendant has refused to promptly publish a retraction. [read post]
28 Sep 2015, 12:19 pm
Only in seven of the 22 states under whose laws plaintiffs sued had even arguably applied the economic loss doctrine in a stranger case, and almost all were lack-of-access or public nuisance cases, where almost anyone could in theory be a plaintiff. [read post]
28 Sep 2015, 3:15 am
Specifically, Carroll insisted as a condition of entering into an operating agreement, without legal justification, that the other members reimburse him for certain losses involving a predecessor business that went bankrupt. [read post]
26 Sep 2015, 1:21 pm
Compare the incentive in a descriptive use case: the decided cases don’t give us a random sample of the relevant situations, but I can’t say I see many with motives to appropriate the plaintiff’s goodwill—instead at most I see indifference to the plaintiff’s goodwill and interest in using the descriptive benefits of the term at issue, from “Gatorade is Thirst Aid” to “Sealed with a Kiss” to “Own Your Power. [read post]
21 Sep 2015, 11:50 am
A plaintiff may also seek non-economic damages for intangible damages, such as pain and suffering. [read post]
8 Sep 2015, 5:08 pm
The most significant of these recent developments is a securities class action lawsuit filed on August 5, 2015 in the Santa Clara (California) Superior Court against MobileIron, Inc.; certain of its directors and officers; and its offering underwriters. [read post]
8 Sep 2015, 4:20 am
After plaintiffs were cited and fined for violating the ordinances, and threatened with loss of their occupational licenses, they sued. [read post]
31 Aug 2015, 7:51 am
This is where the court recognizes joint and several liability for economic damages on negligent claims and only several liability for non-economic damages. [read post]
24 Aug 2015, 4:25 pm
Compare this to Australia, which has a legislative cap on damages for non-economic loss (currently AUD$366,000)( See Defamation Act 2005 (NSW): s 35), and England, where there is an effective ceiling for libel damages of £300,000. [read post]
