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21 Jan 2010, 5:15 pm
The court had never intended to suggest that all plaintiffs "automatically and necessarily have a valid claim for unjust enrichment. [read post]
17 Feb 2018, 2:50 am
February 16, 2018), the District Court granted in part Defendant Gilead Sciences, Inc. [read post]
21 Oct 2008, 8:37 am
The insurer argued that it therefore had no duty to defend because all of the alleged wrongful acts related back to the initial wrongful act, which occurred prior to the policy’s retroactive date.The court rejected the argument, noting that the underlying complaint alleged multiple “wrongful acts,” two of which occurred after the retroactive date. [read post]
13 Feb 2012, 12:11 am
The plaintiffs also complain that the bylaws seemingly require claim to be brought in Delaware even where there may not be personal jurisdiction over prospective defendants (for example, in connection with claims against individual directors and officers). [read post]
31 Oct 2013, 3:21 pm
Defendant did not dispute plaintiff's argument, but argued that its actions were justified because "plaintiff did not allude to source code at all until its expert's initial infringement expert report, and, further, that plaintiff's expert did not disclose any details about his test environment, nor did he ask for the ability to edit the code while preparing his report. [read post]
28 Sep 2010, 8:39 am
After finding that all of the elements of the False Claims Act were met by the landlord’s actions, Chief Judge Sessions concluded that the government’s damages were 12 monthly payments of $69, totaling $828. [read post]
12 Oct 2013, 8:40 am
” Notably, the government is also arguing that no one other than the company that provided the information—including the defendant in this case—has the right to challenge this disclosure in court. [read post]
21 Dec 2009, 9:48 am
We did correctly predict what Defendant would do (we are defense lawyers, after all). [read post]
1 Apr 2010, 8:47 am
Since all the elements of the crime for which the defendant was actually convicted were subsumed within the elements of the crime with which he was actually charged, the defendant’s conviction was proper and did not violate his due-process rights. [read post]
3 Nov 2008, 1:39 pm
Defendant's consent to taking of a blood sample was not voluntary, if it was consent at all. [read post]
9 Dec 2011, 4:32 am
("PLX") and several other defendants alleging infringement of two patents pertaining to PCI Express switches. [read post]
20 May 2019, 10:55 am
Constitutional Text, History, Precedent and Structure All Support Mueller’s Approach The starting point for understanding Mueller’s argument is the Take Care Clause of Article II. [read post]
12 Jun 2014, 5:53 am
These issues are all very different legally, and are light-years away from insanity as a defense to a criminal indictment. [read post]
12 Nov 2020, 3:01 pm
All true. [read post]
2 May 2019, 9:03 am
(Occasionally, in Texas, it's more than just an appearance.)All of this is a problem. [read post]
8 May 2020, 5:00 am
”In addition to finding that the Plaintiff’s Complaint generally averred the necessary conditions of the mind required for an award of punitive damages, the court also pointed to the alleged facts that the Defendants owned a large pit but/pit bull mix dog with an unknown temperament, that the dog had previously bitten another child, and that the dog routinely jumped at/on visitors to the Defendant’s property, all of which the Defendants were… [read post]
27 Jul 2012, 3:21 pm
However, a Staten Island Personal Injury Lawyer said relief from all other claims made against the defendants is denied. [read post]
26 Sep 2012, 5:23 pm
" The Eighth Circuit Court of Appeals reviewed the sentence for abuse of discretion and affirmed it, finding that the district court considered all of the defendant's arguments at sentencing and imposed a fair and sufficient sentence. [read post]
23 Feb 2009, 9:45 am
;-the pending discovery motions will all be decided upon the papers, without oral argument;-initial disclosures and expert disclosures are due March 30, 2009;-each party may take up to 5 additional depositions, not counting expert depositions, but no party may be deposed who has previously been deposed except with the permission of the Court; -all discovery must be completed by May 30, 2009; and-if the unconstitutionality dismissal motion is denied, the parties should expect to go… [read post]
7 Dec 2009, 7:10 am
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) [read post]
