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28 Oct 2014, 7:07 am
[Plaintiff] presents no authority to this court that would allow [its expert] to testify about the terms of the 'Swiss' and 'Italian' licenses without producing copies of them to [defendant], in contravention of the general rule that all supporting facts and data be produced with the expert report. [read post]
7 Oct 2015, 12:57 pm
The reversal means plaintiff may now proceed to trial with her case. [read post]
29 Oct 2017, 4:57 pm
Prior to the 2005 "election" where Gupta and his adherents purportedly changed the leadership of the Freeport Temple, the Plaintiffs sufficiently established that all financial and ecclesiastical issues regarding the Freeport Temple were decided and/or approved by the GBC or its chosen delegates....Further evidence of the Plaintiffs' ownership and control over the Freeport Temple is their constitution, the ISKCON Law Book, which creates an express trust in… [read post]
2 Nov 2021, 12:24 pm
In those instances in which process has not been served upon a defendant, all subsequent proceedings will be rendered null and void. [read post]
9 Mar 2015, 8:59 am
The defendants claim that the court improperly (1) denied their pretrial and posttrial motions to dismiss a prejudgment remedy of attachment based on the plaintiff’s alleged failure to serve and return to court its summons and complaint within thirty days of the court’s order granting the prejudgment remedy as mandated by General Statutes § 52-278j (a); (2) admitted Longman’s pretrial deposition into evidence despite the plaintiff’s failure to file a… [read post]
30 Jan 2017, 2:52 pm
”Does this apply to all organizations, even award-winning nonprofits? [read post]
3 Dec 2021, 4:05 am
Oklahoma's Attorney General and its Governor, along with 16 Oklahoma Air National Guard members, have sued to invalidate President Biden's Executive Order requiring COVID-19 vaccination for all federal employees. [read post]
16 Jun 2018, 9:09 am
Summaries of all published opinions issued since April 2015 available here. [read post]
14 Apr 2014, 10:16 am
During the discovery phase, the plaintiff requested all documents related to adverse medical incidents. [read post]
8 Jul 2014, 1:59 pm
The court sua sponte severed all of plaintiff's infringement claims against more than 80 defendants into separate actions because of judicial economy. [read post]
12 Jun 2019, 5:00 am
As such, the Plaintiff’s Motion to Remand was denied. [read post]
7 Jun 2013, 6:37 am
A federal lawsuit was filed yesterday against the city of West Palm Beach, Florida by two anti-abortion activists challenging the city ordinance that prohibits shouting and all amplified sound within 100 feet of the property line of a property housing a health care facility. [read post]
29 Jul 2013, 6:52 am
This is all true, but the reality is that the dividing line between when to require exhaustion and when to allow an exception should be fact based: when a claimant simply alleges the elements needed to establish an exception, exhaustion should be strictly enforced, but an exception should be allowed where the plaintiff can demonstrate that the factual elements of a particular exception exist. [read post]
16 Jun 2022, 4:00 am
” Nor does the fact that Defendant is subject to the federal government’s COVID-19 guidance for meat and poultry plants convert Defendant into a government actor.The court also dismissed several other, but not all, of plaintiffs' additional claims. [read post]
20 Mar 2013, 11:06 am
Plaintiffs’ speech would be commercial in nature, and the City could presumably regulate it....All one must do is read the Literature Evangelists’ and City citizens’ divergent explanations ... to realize that the two distinct narratives that emerge cannot be reconciled. [read post]
11 Jan 2016, 6:37 am
"The main thrust of [defendant's] motion to exclude [plaintiff's] damages analysis under the entire market value rule is that the primary driving factor in the sales of [plaintiff's] temporal thermometers is the location for taking the temperature. [read post]
21 Apr 2013, 7:18 pm
In reviewing the record, the Appellate Court found that the deposition testimony of the plaintiff, plaintiff's son, owner of the property, and the building's superintendent, as well as photographs of the planks, all raised issues as to whether defendant had constructive notice of the defective condition (the uneven wooden planks). [read post]
3 Oct 2016, 6:00 pm
» Related StoriesIf Plaintiff Wants Discovery on Defendant’s Backup Tapes, Court Rules He Must Pay for Them: eDiscovery Case LawAppeals Court Upholds Default Judgment for Discovery Violations, Including Wiping Files from Laptop: eDiscovery Case LawDefendant Not Required to Produce All Documents Responsive to Search Terms: eDiscovery Case Law [read post]
21 Jan 2022, 4:00 am
., Jan. 19, 2022), a California state appellate court, reversing the trial court, held that former Church of Scientology members were not bound by their agreement to submit all disputes with the Church to the Church's Religious Arbitration system when the dispute involves conduct that occurred after plaintiffs left the Church. [read post]
18 Apr 2018, 7:28 am
"Plaintiffs [argue] that [the expert's] opinion is economically justified because he opines that infringing any of the asserted patents would 'have the same economic effect as infringing all of them.' In other words, Plaintiffs lose the same profit whether one patent claim in one patent is infringed, or whether multiple claims in multiple patents are infringed. . . . [read post]
