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12 Oct 2022, 10:20 am
This applies to the question of culpability raised by Plaintiff as well as to whether Plaintiff can overcome Defendant's theory based on an absence of culpability because numerous technical details (may) play a role in a given case. [read post]
12 Oct 2022, 8:46 am
When thinking about injury costs, many plaintiffs consider the big items, like income loss and immediate medical bills. [read post]
12 Oct 2022, 8:38 am
In her ensuing lawsuit against the owner of the apartment complex, plaintiff argued that the defendant should be held liable for plaintiff’s injuries because the hot water tank servicing plaintiff’s apartment was set too high. [read post]
12 Oct 2022, 8:19 am
That's the Garcetti rule, named after a 2006 Supreme Court case that scaled back these claims; prior to Garcetti, all the plaintiff had to show was that he spoke on a matter of public concern and got the axe for it. [read post]
12 Oct 2022, 8:14 am
The attorneys at Klein Moynihan Turco have years of experience in all marketing and privacy law matters. [read post]
12 Oct 2022, 7:34 am
Plaintiffs’ attorneys are also likely to cite the AG’s survey in their complaints. [read post]
12 Oct 2022, 7:27 am
This means that if a plaintiff and a defendant are equally at fault, the plaintiff is eligible to recover damages if they prove all the required elements of their case. [read post]
12 Oct 2022, 4:59 am
But in all those cases, and unlike that of Plaintiff-Appellants’, the injuries were actual and imminent; they did not require speculation. [read post]
12 Oct 2022, 4:52 am
“This legal malpractice action stems from defendant’s representation of plaintiff in a prior action in which plaintiff sought to recover damages he allegedly sustained after purchasing at auction a particular medal that he asserted was worth far less than his winning bid. [read post]
12 Oct 2022, 4:30 am
Is the committee supposed to not think about race at all? [read post]
12 Oct 2022, 2:20 am
The plaintiff usually has to show that he or she is entitled to the amount of money or property requested. [read post]
11 Oct 2022, 9:01 pm
After all, it is not clear that there is any factual dispute for a trial to resolve. [read post]
11 Oct 2022, 5:12 pm
Summaries of all published opinions issued since April 2015 are available here. [read post]
11 Oct 2022, 1:35 pm
As with all accommodation requests, such accommodation must be reasonable and not impose an undue hardship on the employer. [read post]
11 Oct 2022, 1:34 pm
These cases usually involve many larger cases as opposed to class action lawsuits in which one or more plaintiffs represent the larger group of individuals. [read post]
11 Oct 2022, 9:16 am
Apportionment would not be required if all of the claims and counterclaims were “inextricably interwoven with [the] embezzlement claim. [read post]
11 Oct 2022, 9:14 am
Since the parties were direct competitors, disgorgement of profits would depend on: (a) the degree of certainty that the actor benefitted from the unlawful conduct; (b) the relative adequacy to the plaintiff of other remedies, including an award of damages; (c) the interests of the public in depriving the actor of unjust gains and discouraging unlawful conduct; (d) the role of the actor in bringing about the infringement or deceptive marketing; (e) any unreasonable delay by the… [read post]
11 Oct 2022, 9:09 am
Sept. 30, 2022) After previously winning a preliminary injunction, plaintiff (Tofurky) got Arkansas’s prohibition on using meat terms to describe non-meat products permanently enjoined, some entirely and some as applied to its conduct. [read post]
11 Oct 2022, 8:59 am
In granting the motions, the trial judge found: plaintiff had engaged in “name-calling, calling the defendant all kinds of horrific names in definitely an attempt to embarrass her, he’s cursed in court, he’s moaned loudly, heexpresses extreme frustration whenever things did not go his way, he breathes loudly. [read post]
11 Oct 2022, 7:16 am
However, the amendment does not allow for exculpation of officers to the same extent as for directors, and it does not apply to all officers of a corporation. [read post]
