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15 Nov 2022, 8:37 am
However, the case has made it all the way to a trial, where Laney is seeking at least $75,000 in addition to punitive damages. [read post]
15 Nov 2022, 8:21 am
Moreover, Kodak does not require a plaintiff to quantify the magnitude of switching costs; in Kodak, it sufficed that plaintiffs 'offered evidence that the heavy initial outlay,' along with support and parts, made switching costs very high for existing customers. [read post]
15 Nov 2022, 7:30 am
In the case we discussed yesterday, the plaintiff sought a lieutenant position in a correctional facility. [read post]
15 Nov 2022, 6:13 am
Although the trial court in this matter acknowledged that plaintiffs had moved to dismiss under the TPPA, it proceeded to analyze the dismissal “utilizing a traditional Tennessee Rule of Civil Procedure 12.02(6) standard, which challenges only the legal sufficiency of the complaint, not the strength of the plaintiff’s proof or evidence, and requires the court to construe the complaint liberally, presuming all factual allegations to be true and giving the… [read post]
15 Nov 2022, 5:01 am
The Court need not here outline all the details of this cyber campaign. [read post]
15 Nov 2022, 4:13 am
In all of Cuties, there are no sex scenes and there is only one scene that contains nudity. [read post]
14 Nov 2022, 5:42 pm
After all, MOHELA contributes to the LCD Fund but has not yet met its statutory obligation. [read post]
14 Nov 2022, 5:20 pm
In the subject case, the plaintiff asserted that the complaint set forth a federal question, and as federal courts have jurisdiction over all civil actions arising under the laws, treaties, or Constitution of the United States, the court had subject matter jurisdiction over the matter. [read post]
14 Nov 2022, 5:02 pm
In all likelihood, we can expect to see a similar bombardment of lawsuits alleging violations of the OTSA. [read post]
14 Nov 2022, 3:40 pm
Getting all of the lawyers into one room is like herding cats. [read post]
14 Nov 2022, 2:18 pm
Epic wouldn't be suing Google if Android gave developers all that they want (as Apple claimed). [read post]
14 Nov 2022, 11:30 am
After all, MOHELA contributes to the LCD Fund but has not yet met its statutory obligation. [read post]
14 Nov 2022, 9:48 am
For example, Kristy Fordham, the lead plaintiff in the CBA case, was told that she would not be guaranteed loan approval unless she took out a loan protection policy. [read post]
14 Nov 2022, 9:04 am
But it seems inevitable that serious challenges will arise and I would not be at all surprised to see lower courts disagree about the proper analysis. [read post]
14 Nov 2022, 7:37 am
All cases are fact specific. [read post]
14 Nov 2022, 7:11 am
But this and subsequent exclusion orders eliminated all religious and medical exemptions. [read post]
14 Nov 2022, 6:53 am
If you retain a high degree of control over the independent contractors, they are your agents and represent you (in the scraping actions).For a breach of Terms of Use (which is a breach of contract), nominal damages can support a judgment in favor of a plaintiff who suffered “no appreciable harm. [read post]
14 Nov 2022, 6:32 am
Defendants may argue that an injured person shared some or all of the blame for an accident. [read post]
14 Nov 2022, 6:26 am
BACKGROUND The plaintiff Thomas Dusel, worked for the defendant, Factory Mutual Insurance Company, d/b/a FM Global (“FM Global”), a commercial property insurer, for approximately thirty-five years. [read post]
14 Nov 2022, 5:01 am
Ross, III, who represent plaintiff. [read post]