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13 Dec 2017, 9:26 pm by justia.admin
In the Sixth Circuit’s view, state-action immunity is akin to an affirmative defense to the plaintiff’s claim—a classic merits question. [read post]
13 Dec 2017, 11:04 am by Kristoff Coates
Among the claims against Swagelok are that the company negligently designed, manufactured, tested, and inspected the hose assembly, allowing the hose to separate from its fitting, releasing natural gas and causing the explosion. [read post]
13 Dec 2017, 9:01 am by Rebecca Tushnet
” Duro sufficiently pled that the statement of certification was commercial speech that is disseminated to a substantial portion of the plaintiff and/or defendant’s existing customer or client base. [read post]
13 Dec 2017, 6:16 am by Steven Cohen
Plaintiff sued defendants after a physical altercation on plaintiff’s property. [read post]
13 Dec 2017, 4:00 am by Tracy Coenen
An expert report was filed in plaintiff James Aboltin’s case (the July 2016 suit). [read post]
12 Dec 2017, 10:50 am by Greg Mersol
The court of appeals noted that each of the plaintiffs was a college student hired as an intern without a promise of compensation or a position afterward. [read post]
12 Dec 2017, 3:01 am by Walter Olson
In welcome reversal of Obama-era ban, FDA will once more permit direct-to-consumer genetic testing [Meghana Keshavan/STAT News, FDA press release] Will California law hold a pharmaceutical maker liable — in perpetuity — for a drug that it did not make and did not sell? [read post]
11 Dec 2017, 12:54 pm by Kevin
” (It’s the “rational basis” test, you see, not the laugh test.) [read post]
11 Dec 2017, 4:59 am by Seyfarth Shaw LLP
Whatever the reason, the Wang decision cannot be heartening for plaintiffs’ lawyers, and the days of widespread lawsuits by interns are likely over. [read post]
10 Dec 2017, 9:43 am by Wolfgang Demino
When the plaintiff does not show up for trial, the case gets dismissed for want of prosecution or as it’s called in Texas – DWOPPED [pronounced “dee-whopped”]; when the Defendant does not appear, a default judgment will typically be entered, assuming the Plaintiff supports its claim with evidence, normally in the form of a business records affidavit in debt collection cases, rather than a live witness. [read post]
10 Dec 2017, 9:43 am by Wolfgang Demino
When the plaintiff does not show up for trial, the case gets dismissed for want of prosecution or as it’s called in Texas – DWOPPED [pronounced “dee-whopped”]; when the Defendant does not appear, a default judgment will typically be entered, assuming the Plaintiff supports its claim with evidence, normally in the form of a business records affidavit in debt collection cases, rather than a live witness. [read post]
7 Dec 2017, 12:37 am
Such conduct constitutes bad faith and exploiting the [local] trademark, now that it has acquired goodwill by the plaintiffs, constitutes unjust enrichment. [read post]
5 Dec 2017, 10:34 am by Michael S. Levine
The injured plaintiffs’ “allegations underlying the WTC Asbestos Claims vary considerably regarding the nature, timing and location of exposure, concern “a variety of asbestos materials,” concern exposure in different years, allege exposure in different locations and allege exposure through a number of means. [read post]
5 Dec 2017, 10:34 am by Michael S. Levine and Joshua S. Paster
The injured plaintiffs’ “allegations underlying the WTC Asbestos Claims vary considerably regarding the nature, timing and location of exposure, concern “a variety of asbestos materials,” concern exposure in different years, allege exposure in different locations and allege exposure through a number of means. [read post]
4 Dec 2017, 9:01 pm by Joanna L. Grossman
That case was defended by the Texas Attorney General at a cost of over $1 million and with a possible award of attorneys’ fees to the plaintiffs of several million more. [read post]
4 Dec 2017, 4:09 pm by INFORRM
Section 5 of the Defamation Act 1952 provided:  In an action for libel or slander in respect of words containing two or more distinct charges against the plaintiff, a defence of justification shall not fail by reason only that the truth of every charge is not proved if the words not proved to be true do not materially injure the plaintiff’s reput [read post]