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9 Aug 2014, 1:19 pm
There are all sorts of questions of equity and so forth.The take away is simple: make sure you know whether your client has other civil rights claims before you allow him to waive all possible civil rights claims. [read post]
23 Sep 2014, 10:55 am
They are our clients’ clients after all. [read post]
Considering certain arguments advanced by a petitioner for a new trial following an adverse decision
12 Sep 2019, 4:00 am
Further, said the court, at every stage of the proceeding the court must disregard all errors and defects that do not affect any party’s substantial rights. [read post]
11 Mar 2014, 4:02 am
Plaintiff’s case was tried before a judge and not a jury, just like all cases against local governmental entities under Tennessee’s Governmental Tort Liability Act (“GTLA”). [read post]
27 May 2013, 1:42 pm
In support it mentioned an older Delhi HC decision[1] wherein it was observed that the public carried an impression in their minds that all Dettol products are antiseptic. [read post]
18 Jul 2013, 7:08 am
After reviewing all medical records, plaintiff’s expert concluded that the doctor at Kaleida deviated from accepted medical practice by failing to take an accurate history, failing to pursue an aortic dissection as a differential diagnosis and failing to order a CT scan with contrast. [read post]
29 May 2018, 12:00 am
The PSLRA requires a complaint to “specify each statement alleged to have been misleading, the reason or reasons why the statement is misleading, and, if an allegation regarding the statement or omission is made on information and belief, the complaint shall state with particularity all facts on which that belief is formed. [read post]
2 Aug 2021, 6:39 am
The Supreme Court has instructed courts to consider all relevant factors when making this determination, including the six factors articulated by the Second Circuit in Gartenberg v. [read post]
11 Mar 2013, 6:01 pm
Rather, Dodd-Frank forces the courts either to hear these claims before a Title II liquidation occurs, or never at all. [read post]
14 Apr 2016, 4:00 am
The Third Circuit Court of Appeals also rejected the Plaintiff’s claim that the carrier acted in bad faith by questioning the causal relationship of Plaintiff’s medical condition to the motor vehicle accident even though the same carrier did not do so when it paid all medical expenses under the first party benefits coverage following the accident. [read post]
25 Jun 2014, 11:09 am
Accordingly, the Court affirmed the Appellate Court in all respects. [read post]
14 Oct 2020, 10:28 pm
Inverse Condemnation Inverse condemnation occurs when a government body—such as a city—takes all or part of the owner’s property without starting formal condemnation proceedings. [read post]
18 Jul 2013, 7:08 am
After reviewing all medical records, plaintiff’s expert concluded that the doctor at Kaleida deviated from accepted medical practice by failing to take an accurate history, failing to pursue an aortic dissection as a differential diagnosis and failing to order a CT scan with contrast. [read post]
Considering certain arguments advanced by a petitioner for a new trial following an adverse decision
12 Sep 2019, 4:00 am
Further, said the court, at every stage of the proceeding the court must disregard all errors and defects that do not affect any party’s substantial rights. [read post]
13 Aug 2015, 6:53 am
Under the Affordable Care Act, employers have to provide coverage for all FDA-approved contraceptive methods. [read post]
29 Dec 2023, 7:11 am
I recall upon briefing this issue that cases in the state system were all over the place on how long is too long to infer causation. [read post]
15 May 2020, 5:00 am
The Plaintiffs alleged that they had provided detailed information from which the carrier could have fairly evaluated the information and made a timely and reasonable offer on the claim.The Plaintiffs alleged that they estimated their claim to be in excess of $1 million dollars based upon the Plaintiff’s alleged unchallenged medical records, narrative reports, vocational loss, and medical prognosis reports, all of which had been provided to the Defendant… [read post]
6 Apr 2015, 2:37 pm
These are phenomenal musicians and true historians of Beatles music and lore who spare no detail in their quest for accurate renditions of all of the classic songs When we closed our eyes, it was easy to escape reality and be transported back through the decades to the unprecedented phenomenon and still-never-equaled genius of those four lads from Liverpool.We daresay that the plaintiff in Johnson v. [read post]
4 May 2012, 12:23 pm
Stuart was spot on when reminding us all that the contract is your best friend, and can save you from serious liability. [read post]
20 Jun 2013, 6:13 am
(See #83 ) It’s one of the show’s most acclaimed episodes and like all of them, in no small part to the brilliant James Gandolfini who tragically passed away on Wednesday. [read post]
