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9 Nov 2015, 11:06 am by Evan Brown (@internetcases)
Plaintiff-author granted a license to defendant-digital locker service, authorizing users of defendant’s services to store and download sample copies of plaintiffs ebook. [read post]
25 Apr 2012, 2:31 pm by JT
“The affidavit submitted by plaintiffs billing and collection supervisor in support of plaintiffs motion for summary judgment was insufficient to establish plaintiffs prima facie case (see CPLR 4518 [a]; [...] [read post]
20 Mar 2015, 6:19 am
Although the plaintiff is asserting a patent infringement claim, the unclean hands defense relates to the plaintiffs alleged inequitable interference with the defendant’s supply agreement with a third party. [read post]
7 Jan 2021, 12:14 pm by Allan Blutstein
.) -- ruling that: (1) pro se attorney-plaintiff was not eligible for attorney’s fees , consistent with Supreme Court and Ninth Circuit case law; and (2) plaintiff was not entitled to litigation costs because production delays were caused by COVID-19 and plaintiffs lawsuit was not necessary to trigger agency’s response. [read post]
27 Dec 2021, 6:00 am by Public Employment Law Press
The Appellate Division sustained a Supreme Court decision that, in effect, denied the plaintiff's motion to vacate an order dated September 29, 2016, on the ground that the plaintiff failed to make the motion within a reasonable time, and also denied the plaintiff's motion for leave to enter a default judgment. [read post]
17 Oct 2017, 6:14 am by Olga Suarez Vieira
Plaintiffs putative class action alleged that defendant Mott’s violated FDA regulations and California’s Sherman Law and Unfair Competition Law when it labeled and sold its 100 percent apple juice with the label “No Sugar Added,” which plaintiff claimed misled consumers into thinking the juice had fewer calories than its competitors. [read post]
16 Aug 2024, 10:15 am
Gates Realty Holdings, LLC (Writ of error; foreclosure by sale; defendant in error's motion to forfeit plaintiff in error's deposit without affording nonparty plaintiff in error notice thereof and opportunity to be heard; plaintiff in error's motion to interv [read post]
6 Aug 2013, 12:23 am by The Law Office of Stephen O'Rear, P.C.
A nuisance typically involves the invasion of the plaintiffs property by light, sound, odor or a foreign substance. [read post]
4 Feb 2011, 10:42 am by Bexis
  Therefore, where there's a complete failure of proof, the plaintiff loses. [read post]
1 Aug 2014, 5:00 am
In denying the plaintiff's ADA claim, the court underscored that it's the plaintiff's burden to show that a requested reasonable accommodation exists and is available. [read post]
3 Nov 2015, 6:55 am by Docket Navigator
The court denied plaintiff's motion to reconsider an earlier order excluding the testimony of plaintiff's damages expert and rejected plaintiff's argument that there was clear error or manifest injustice. [read post]
13 Aug 2021, 4:00 am by Public Employment Law Press
An employee [Plaintiff] challenged his employer's [Employer] calculation of his pension is a challenge to an administrative determination. [read post]
15 Aug 2014, 7:08 am by Docket Navigator
The court granted in part plaintiff's motion to allow its litigation counsel to participate in inter partes review filed by defendants involving the same claims and defenses, but litigation counsel could not participate in claim amendment or share defendants' confidential information with plaintiff's IPR counsel. [read post]
30 Apr 2018, 7:15 am by Docket Navigator
The court granted defendant's motion for summary judgment that plaintiff's patent infringement claims were barred by equitable estoppel due to its ten-year delay in filing suit and found that defendant was materially prejudiced by plaintiff's silence following its cease-and-desist letter. [read post]
21 Jul 2014, 8:21 am by Docket Navigator
The court has concluded that no lesser sanction would adequately address plaintiff's failure to comply with the scheduling order as to [plaintiff's damages expert]. [read post]
13 Aug 2021, 4:00 am by Public Employment Law Press
An employee [Plaintiff] challenged his employer's [Employer] calculation of his pension is a challenge to an administrative determination. [read post]
2 Nov 2016, 1:47 pm by Benton Martin, E.D. Mich.
The court explained that, although the broad purpose of the new statute may be to facilitate the plaintiffs’ deaths, they were not the “object” of the statute for purposes of standing, principally because, in the court’s view, the statute regulated the conduct of third parties, not the plaintiffs. [read post]