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27 Aug 2024, 2:25 pm by Monica Schreiber
It will often be easy to find experts who will, for a fee, conduct post-hoc analyses supporting a plaintiffs’ theory of fraud. [read post]
On May 10, 2024, in issuing the preliminary injunction, Judge Pittman found that the plaintiffs had established a likelihood of success on the merits based solely on the Fifth Circuit’s decision in CFSA v.... [read post]
27 Aug 2024, 12:46 pm by Eric Goldman
The court says the plaintiffs satisfied this too because “Plaintiffs allegations establish more than passive possession. [read post]
27 Aug 2024, 12:08 pm by Michael H. Neifach
The rule is set to go into effect in non-plaintiff states on Aug. 29, 2024. [read post]
27 Aug 2024, 12:05 pm
No new trial for you.Which means plaintiff gets to keep her $500,000 judgment. [read post]
27 Aug 2024, 11:13 am by Rebecca Tushnet
This requires a defendant to show by clear and convincing evidence (1) “that the plaintiffs conduct is inequitable,” and (2) “that the conduct relates to the subject matter of its claims. [read post]
27 Aug 2024, 10:54 am by Kevin LaCroix
The complaint seeks to recover damages on behalf of the plaintiff class. [read post]
27 Aug 2024, 10:28 am by admin
According to Brown, Plaintiff BNSF claimed that the clinic had made its diagnoses of asbestos-related disease solely upon chest radiographs. [read post]
27 Aug 2024, 10:07 am by Chris Skelton
A court will consider factors such as the similarity of the marks, the similarity of the products or services, the strength of the plaintiffs mark, any evidence of actual confusion, and the defendant’s intent. [read post]
27 Aug 2024, 9:57 am by Daniel M. Kowalski
By the BIA’s logic, it is far from clear if there is any evidence that Plaintiffs could produce to convince the government that they have entered a valid marriage. ... [read post]
27 Aug 2024, 7:03 am by Eugene Volokh
"[A] federal court that has dismissed a plaintiff's federal-law claims should not ordinarily reach the plaintiff's state-law claims. [read post]
  The plaintiff, who primarily worked remotely, alleged that she and others similarly-situated were monitored through tracking software and compensated based on the software’s tracking of her activities. [read post]
27 Aug 2024, 6:22 am by Eugene Volokh
(I should also note that the reason I'm not mentioning plaintiff's name  or the name of the plaintiff's employer is that it's no longer part of the case title, and I see no reason to publicize the name any more than necessary. [read post]
27 Aug 2024, 4:00 am by Howard Friedman
., Aug. 22, 2024), the U.S. 11th Circuit Court of Appeals, in a 2-1 decision, issued an injunction pending appeal barring enforcement in Alabama, Florida, Georgia, and South Carolina of the Department of Education's new rules under Title IX. [read post]
27 Aug 2024, 2:10 am by INFORRM
Finally, here, I should note that, if our ongoing defamation reform process can trace its lineage back to the late 1980s and early 1990s, so can Australia’s. [read post]
26 Aug 2024, 4:00 pm by James Nault
District Court held Plaintiffs had no standing to sue despite being denied the right to even apply for grant program solely because of the owner's skin color The post Equal Protection Project Files Brief Opposing Black-Business-Only Grant Program in “Roberts v. [read post]
26 Aug 2024, 3:27 pm by Ron DeSimone
Credibility of Witnesses: Reliable and consistent witness testimony can reinforce the plaintiffs case, while unreliable or conflicting accounts can undermine it. [read post]