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19 Oct 2009, 6:36 am
” Punitive damages are, after all, available only to punish bad actors, not to permit windfall awards to discrimination victims who [...] [read post]
25 Jul 2022, 4:05 am
In the case, a California state appellate court held that former Church of Scientology members were not bound by their agreement to submit all disputes with the Church to the Church's Religious Arbitration system when the dispute involves conduct that occurred after plaintiffs left the Church. [read post]
3 Apr 2023, 10:00 pm
Morgan Lewis lawyers detail below some of the hot topics in automobile class action litigation, such as personal jurisdiction challenges; whether, when, and how the actual manifestation of an alleged defect matters; the importance of affirmative defenses at all stages of the case; plaintiffs’ popular damages theories and challenges to these; and why class certification does not and should not automatically trigger settlement. [read post]
26 Sep 2019, 11:43 am
The Eleventh Circuit reversed an interlocutory order certifying an injunction class, rejecting the plaintiffs’ ploy “to lop off all the damages-based warts and recast their claim as one for injunctive relief under Rule 23(b)(2)” after their attempt to certify a damages class was denied. [read post]
9 Jun 2017, 2:15 am
All-Tag Sec, The Federal Circuit held that the district court erred in finding this case exceptional under 35 U.S.C. [read post]
30 Apr 2017, 9:10 pm
The named plaintiffs had replacement cost insurance policies with the following language: … Continue Reading . [read post]
4 Jun 2020, 10:00 pm
As the Court noted, “[u]nder ordinary Article III standing analysis, the plaintiffs lack Article III standing for a simple, common-sense reason: They have received all of their vested pension benefits so far, and they are legally entitled to receive the same monthly payments for the rest of their lives. [read post]
4 Apr 2012, 6:34 pm
” Anyway, Mike continues his dogged coverage of all things Hendrix-trademarky, and here’s the latest of it: Defendants’ use of HENDRIX and JIMI HENDRIX was fair use of plaintiffs’ trademarks [...] [read post]
S.C. Court of Appeals upholds discovery sanction of striking answer for failure to produce documents
10 Jul 2008, 12:21 pm
At the 11th hour the county promised to have all discovery matters cleared up within one month, but failed to do so. [read post]
18 Feb 2011, 10:05 am
The Ohio Supreme Court Board of Commissioners on Grievances & Discipline last week issued an opinion stating: SYLLABUS: It is improper for a plaintiff’s lawyer to personally agree, as a condition of settlement, to indemnify the opposing party from any and all claims by third persons to the settlement funds. [read post]
2 Jan 2011, 8:48 am
MoMA that the three-year statute of limitations had passed by the time suit was brought denying plaintiff's equitable tolling claim. [read post]
9 Jun 2022, 2:24 pm
The dissent argued the exemption is an immunity from all litigation, lost if the defendant must wait to appeal. [read post]
15 Apr 2009, 2:27 pm
Defendant received injunction against one competitor using a certain term, and issued a press release that falsely suggested that it had received a court order against all competitors using that term, subjecting plaintiff to lost sales. [read post]
2 Aug 2014, 12:00 am
It cuts across all industries, including retailers, restaurant chains, theatre chains, manufacturers, financial institutions and transportation companies. [read post]
5 May 2020, 5:10 am
The post Myofascial Pain Syndrome appeared first on Raleigh Attorneys Representing Plaintiffs. [read post]
18 May 2018, 8:20 am
Summaries of all opinions issued since April 2015 available here. [read post]
23 Feb 2022, 9:40 am
Summaries of all published opinions issued since April 2015 are available here. [read post]
14 Dec 2018, 5:36 am
.) -- finding that Federal Bureau of Prisons performed adequate search for records concerning plaintiff, (who did not contest BOP’s summary judgment motion), and that it properly withheld records pursuant to Exemption 6, 7(C), 7(E), and 7(F).Summaries of all published opinions issued since April 2015 are available here. [read post]
16 Oct 2019, 7:04 am
Summaries of all published opinions issued since April 2015 are available here. [read post]
1 Feb 2017, 8:25 pm
In 2012, Plaintiff Chad Brazil filed a consumer class action against Dole, alleging that the labels on a total of 38 varieties of Dole’s packaged fruit misleadingly describe the products as “all natural,” despite Dole’s use of artificial ingredients, including chemical preservatives synthetic citric acid and ascorbic acid. [read post]