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4 Jan 2023, 9:19 am
Mlady’s expert witness testimony in this specific case, not for all cases. [read post]
4 Jan 2023, 8:26 am
Instead, the plaintiff apparently argued they should be liable for allowing anonymous comments at all. [read post]
4 Jan 2023, 6:30 am
“In the case now to be determined, the defendant, a sovereign State, denies the obligation of a law enacted by the legislature of the Union, and the plaintiff, on his part, contests the validity of an act which has been passed by the legislature of that State. [read post]
4 Jan 2023, 6:09 am
“Section 806 was not intended to cure all the ills of the securities markets; it addresses only retaliatory conduct by certain regulated companies against certain employees who engage in enumerated protected activities …Not all companies are covered, and not all employees are protected. [read post]
4 Jan 2023, 3:36 am
Co. v Smith & Laquercia, LLP, 84 AD3d 668, 669 [1st Dept 2011] [“[plaintiff] has standing to pursue its claims against defendant since it is undisputed that defendant represented [plaintiff]” in the underlying litigation]; The Exeter Law Group LLP v Immortalana Inc., 2016 WL 7188559, *3 [Sup Ct, NY County, Dec. 9, 2016] [individual owners of a corporation have standing in a legal malpractice claim against their attorneys for negligently structuring their business… [read post]
3 Jan 2023, 4:25 pm
While CEQA is a complicated area of law, often criticized as a “plaintiff’s sandbox,” CEQA litigation is not a “free-for-all” immune from malicious prosecution actions when it is unsuccessfully pursued with malice and without probable cause. [read post]
3 Jan 2023, 2:09 pm
In the age of crowdfunding, all persons who assist in the promotion of investment opportunities should be aware that discussing the potential benefits of a securities offerings online may lead to primary liability if those discussions contain materially false misleading statements or omissions. [read post]
3 Jan 2023, 1:47 pm
The SPAC, COVID, and crypto filings together totaled 51 suits during the year, representing more than a quarter (26%) of all 2022 federal court securities class action lawsuit filings. [read post]
3 Jan 2023, 11:01 am
” Plaintiffs plausibly alleged that “fish oil” was not the “common or usual name” of the supplement Target sold, meaning that there was no express preemption, because plaintiffs were challenging conduct that allegedly violated the FDCA but not relying on the FDCA for the right to sue. [read post]
3 Jan 2023, 9:32 am
All of CrossInstall's 70 employees joined Twitter at the time. [read post]
3 Jan 2023, 8:30 am
The narrative of inspection, the utility of clusters of facts treated indifferently, the reaction to sensitivity as privilege rather than as burden--all of these contributed to a sightlessness at the operational level fueled by the way that the perception of narrative function enveloped all of the actors on that train. [read post]
3 Jan 2023, 8:24 am
Summaries of all published opinions issued since April 2015 are available here. [read post]
3 Jan 2023, 7:08 am
” * All Star Recruiting Locums, LLC v. [read post]
3 Jan 2023, 5:28 am
The trial court had discretion to allow enlargement of the plaintiff’s recovery to conform to the evidence. [read post]
3 Jan 2023, 5:01 am
Carey stated at his deposition that the only change to his business relationship with artists after the Incident is that the artists will now ask for full payment in advance, not that they would not enter into business with him at all. [read post]
3 Jan 2023, 4:35 am
All ten decisions were featured on this blog previously; click on the case name to read the full treatment. [read post]
3 Jan 2023, 12:15 am
Slaughter denied the plaintiffs' motion for a preliminary judgment. [read post]
2 Jan 2023, 4:00 pm
Today, same-sex marriage is legal in all 50 states. [read post]
2 Jan 2023, 1:59 pm
City of Rocklin (2011) 197 Cal.App.4th 200, 229-230, 232, as contra to plaintiffs’ position.) [read post]
2 Jan 2023, 9:49 am
This all means the term sheet is the final settlement agreement, and the case is over. [read post]
