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23 May 2017, 4:32 am
The book next contests the justifications for judicial deference; there’s no mechanism with which to test the legality of government torture other than by suit for damages. [read post]
22 May 2017, 9:40 am
“Generally speaking, to recover under a theory of abuse of process, a plaintiff must show that the defendant used legal process against the plaintiff in a way that constituted a perversion of that process and caused harm to the plaintiff. [read post]
22 May 2017, 12:44 am
Courts have found even five days of exposure to asbestos over the course of a person’s entire life was enough to have caused plaintiff’s malignant mesothelioma. [read post]
21 May 2017, 8:45 am
For plaintiffs between 19 and 39, the median award was $8,858. [read post]
19 May 2017, 12:23 pm
A plaintiff seeking damages for wrongful foreclosure must show that (1) there was an irregularity in the foreclosure sale and (2) the irregularity caused the plaintiff damages. [read post]
19 May 2017, 5:39 am
In an Illinois defective design case, a plaintiff must prove that the product had an unreasonably dangerous condition, the condition existed when the product left the defendant’s control, and the condition caused the plaintiff’s injuries. [read post]
19 May 2017, 5:39 am
In an Illinois defective design case, a plaintiff must prove that the product had an unreasonably dangerous condition, the condition existed when the product left the defendant’s control, and the condition caused the plaintiff’s injuries. [read post]
18 May 2017, 3:10 pm
The test looks at the sting of an article to determine its effect on the reader; “a statement is not considered false unless it would have a different effect on the mind of the reader from that which the pleaded truth would have produced. [read post]
18 May 2017, 9:47 am
Plaintiffs appealed to the Ninth Circuit. [read post]
18 May 2017, 9:47 am
Plaintiffs appealed to the Ninth Circuit. [read post]
17 May 2017, 10:22 am
This testing revealed that the bicyclist had a blood-alcohol content of 0.084%. [read post]
17 May 2017, 8:00 am
The breadth of the court’s opinion surely will encourage plaintiffs’ attorneys to test or even stretch the holding. [read post]
17 May 2017, 7:30 am
Tonkovic, J.D.A class has been certified in a fraud action brought against an investment adviser that allegedly advertised back-tested, hypothetical results as actual performance. [read post]
17 May 2017, 4:37 am
“First Amendment freedoms need breathing space to survive,” and “[a]n intent test provides none. [read post]
17 May 2017, 4:00 am
In my view, the proceeding was not appropriate, and the plaintiff’s underlying claim was not discovered, until May 2011, when the CRA responded to the appellant’s Notice of Objection and advised that it intended to confirm its initial assessments. [read post]
16 May 2017, 1:23 pm
The court had found that a physician who relied on several other types of tests in another car accident case, in which the plaintiff there had also been involved in a prior accident and had a pre-existing condition, had an insufficient basis for his conclusion. [read post]
16 May 2017, 9:40 am
Otsuka and Bristol-Myers Squibb failed to conduct adequate safety testing. [read post]
16 May 2017, 8:03 am
Under McCreary County (which I do not think even applies), this remark passes the “objective observer” test with flying colors. [read post]
16 May 2017, 7:30 am
However, the plaintiffs-appellees’ theory also misreads the statute. [read post]
16 May 2017, 5:47 am
Broadly speaking, the “minimum contacts” test is satisfied if the individual could or should reasonably expect to be brought into court in the state. [read post]
