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21 Nov 2023, 6:19 am by Eugene Volokh
.): In this suit, Plaintiff asserts Defendant misappropriated trade secrets, breached a contract, and converted Plaintiff's property. [read post]
23 Jun 2014, 9:56 pm
San Francisco Bay Pitbull and Kesha’s Timber It’s pretty clear that Timber uses San Francisco Bay’s harmonica riff and melody, which is specifically mentioned in Timber’s Wikipedia page, going as far as stating that harmonica player, Paul Harrington, was told to emulate plaintiff Lee Oskar’s harmonica playing style. [read post]
5 Oct 2021, 12:56 pm by Rebecca Tushnet
” “Because Plaintiff states that she would make further purchases from Redbubble in the future if she could be assured the products were not counterfeits, Plaintiff suffers a threat of future harm of being ‘unable to rely on the product’s [authenticity], and so will not purchase the product although she would like to. [read post]
5 Feb 2016, 3:21 pm by The Law Offices of John Day, P.C.
This is a case where plaintiffs testimony simply did not match her evidence. [read post]
23 Dec 2022, 4:05 am by Howard Friedman
A Texas federal district court this week issued a preliminary injunction preventing the military from taking disciplinary action against ten members of the Army who object on religious grounds to complying with the Army's COVID vaccine mandate. [read post]
4 May 2011, 5:42 am by GGCSMB&R
Defendant's unsubstantiated claim that plaintiff's mental illness might have caused the accident is insufficient to warrant mental health disclosure (see Zimmer v Cathedral School of St. [read post]
18 May 2020, 8:02 am by Second Circuit Civil Rights Blog
Claiming that someone's testimony was too unbelievable to support a judgment is over the top, and since that argument includes the word "believable," we are getting into credibility territory which is for the trial court and the trial court alone. [read post]
24 Mar 2015, 7:22 pm
Plaintiff also alleges as negligence, in his second cause of action, that 'holding the will and not informing the plaintiff or the plaintiff's mother' that the devise to the plaintiff was void by virtue of plaintiff's having acted as a witness thereto. [read post]
29 Mar 2019, 12:06 pm by Conrad B. Wilton
  Additionally, Epic contended plaintiffs’ right of publicity claims were meritless because the game’s avatars have no resemblance to the plaintiffs and the value of the game does not principally derive from the plaintiffs’ fame. [read post]
28 Apr 2020, 6:33 am by DeFrancisco & Falgiatano
Specifically, many plaintiffs cases are dismissed prior to reaching trial because the plaintiff cannot produce sufficient evidence via expert testimony to establish that there is a dispute as to the defendant’s liability. [read post]
17 Sep 2017, 7:53 am by Howard Friedman
Plaintiff also showed a likelihood of success on his free exercise claim:The context in which the Vendor Guidelines were amended and then applied to Country Mill supports Plaintiffs’ claim that their religious beliefs or their religiously motivated conduct was the target of the City’s actions.... [read post]
20 Mar 2022, 5:59 pm by Allan Blutstein
.) -- finding that: (1) plaintiff failed to properly allege a pattern-or-practice claim; (2) agency’s delay in providing a final determination was not “egregious,” but its failure to “promptly” release records warranted an expedited production schedule; (3) plaintiffs challenges to the agency's exemption claims were premature because agency had not completed its productions; and (4) at agency’s… [read post]
31 Oct 2012, 6:52 pm by David Headrick
The jury found that no “actual physical contact ha[d] occurred between” the plaintiffs vehicle and the vehicle that left the scene. [read post]
1 Apr 2019, 4:00 am by Howard Friedman
 [P]laintiffs have alleged that District 211 conveyed to students that anyone who objects to the compelled affirmation policy is a bigot or intolerant.The court however dismissed plaintiffs' claims of violations of the right to bodily privacy and the right to control the education of one's children. [read post]
26 Nov 2007, 6:06 pm
Jerry Buchmeyer cites an incomprehensible caption, made even more incomprehensible by its rendition in all caps:DEFENDANT'S REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S REPLY TO DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR PROTECTIVE ORDER, OR, IN THE ALTERNATIVE, APPLICATION FOR HEARINGOther than turning off the cap-lock key, I don't have the cure for… [read post]
17 Apr 2012, 7:32 am by Richard Montes
Wormuth, the defendant doctor lost a four-centimeter wire inside the plaintiff's thorax during surgery to remove a node from the plaintiffs lung. [read post]
14 Dec 2016, 7:29 am by Joy Waltemath
Rejecting this argument, the court found that the statute is clear that an employer violates USERRA if a plaintiffs “membership . . . in the uniformed services is a motivating factor in the employer’s action, unless the employer can prove that the action would have been taken in the absence of such membership. [read post]
12 Mar 2013, 2:57 pm by Gregory J. Brodzik
Judge Sleet further noted that plaintiffs proposed amendments “do not contradict its prior pleadings,” and that defendants may challenge plaintiffs allegations. [read post]
17 Mar 2011, 4:10 am by Howard Friedman
Plaintiffs claim that the city's practice, with one exception, has been to exclude non-Christians and the non-religious. [read post]