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28 Aug 2024, 4:09 pm by Jeff DeFrancisco
These failures, according to the plaintiffs expert, substantially contributed to the plaintiffs injuries, including corneal decompensation and the need for a corneal transplant. [read post]
28 Aug 2024, 2:23 pm by Eugene Volokh
The plaintiff can make that showing if a reasonable observer would attribute some meaning to his membership—because, for instance, a reasonable observer would assume that the plaintiff agrees with the organization's articulated positions—and he objects to that meaning…. [read post]
28 Aug 2024, 1:48 pm by Mavrick Law Firm
Nunez, 78 So. 3d 94 (Fla. 3d DCA 2012) (“To plead fraudulent inducement, Gemini must allege that the defendants: (1) made a statement concerning a material fact, (2) knowing that the statement was false, (3) with intent that the plaintiffs act on the false statement; and (4)… damage[s]. [read post]
28 Aug 2024, 1:30 pm by Rebecca Tushnet
This wasn’t a case where the plaintiffs interpretations were implausible or unrealistic. [read post]
28 Aug 2024, 10:52 am by Eugene Volokh
Times Co., written by Judge John Walker and joined by Judges Reena Raggi and Richard Sullivan: Plaintiff Sarah Palin appeals the dismissal of her defamation complaint against defendant The New York Times ("the Times") and its former Opinion Editor, defendant James Bennet, for the second time. [read post]
28 Aug 2024, 9:49 am by David Kopel
District Court opinions supporting the claims of Second Amendment plaintiffs. [read post]
28 Aug 2024, 8:53 am by Broussard, David & Moroux
Before the incident, the plaintiff was a healthy father and husband with goals to advance his career into upper management. [read post]
Various organizations representing the plaintiffs expressed their disappointment in appeals court’s decision, saying that “restrictions were based on disapproval of transgender people and serve no purpose other than to harm transgender Floridians”. [read post]
Significant individual differences in how the rounding policy affected employees, Lavarenz’s personal de minimis damages, the employer’s individualized defenses, and the inefficiency and unfairness of litigating such personalized claims in an aggregate setting led the court to deny the plaintiffs certification motion. [read post]
28 Aug 2024, 7:03 am by Gabriel Sutton
Here’s a comprehensive guide to help you navigate this aspect of Texas personal injury law. [read post]
28 Aug 2024, 6:44 am by Leland Garvin
If the defense can prove something else was a greater factor in causing the plaintiffs injuries, they’ll likely win the case – no matter how egregious their fault or how serious a plaintiffs injuries. [read post]
28 Aug 2024, 6:44 am by Leland Garvin
If the defense can prove something else was a greater factor in causing the plaintiffs injuries, they’ll likely win the case – no matter how egregious their fault or how serious a plaintiffs injuries. [read post]
28 Aug 2024, 6:10 am by Second Circuit Civil Rights Blog
When a district court resolves a summary-judgment motion as a pleadings motion, it “disregard[s] the more robust procedural device the parties have invoked to frame the issue” and thus “unjustifiably ignores the fuller evidentiary record assembled by the parties. [read post]
28 Aug 2024, 4:30 am by Eric B. Meyer
However, considering that the plaintiff was the only female employee in her group and the comparator evidence indicating that the men received preferential treatment, the jury could reasonably tie these actions to the plaintiffs gender. [read post]
28 Aug 2024, 3:00 am by jonathanturley
He was fully aware of his own company’s similar conduct but stayed silent. [read post]
27 Aug 2024, 9:01 pm by Michael C. Dorf
The heart of Judge Sinatra’s opinion is his conclusion that the plaintiffs would likely prevail on the merits. [read post]
27 Aug 2024, 9:01 pm by renholding
Plaintiff Challenges the Use of FINRA’s Disciplinary Tribunals in Wake of Jarkesy On July 15, 2024, D. [read post]