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11 Sep 2017, 5:35 pm
., 459 F. [read post]
11 Sep 2017, 3:25 pm
This newer paper focuses on the largest 10 NPEs and their lawsuits against the 8 or 10 most targeted defendants (which still leads to hundreds of observations). [read post]
11 Sep 2017, 1:47 pm
Perry, supraThe Appellate Court went on to explain that [f]ollowing a bench trial, defendant was convicted of two counts of online theft by deception (720 [Illinois Compiled Statutes]5/16–40(b) (West 2012)). [read post]
11 Sep 2017, 12:16 pm
Liab., 424 F.3d 488, 493 (6th Cir. 2005) (“The requirement, however, is that the plaintiff make a showing with respect to each defendant that the defendant’s product was a substantial factor in plaintiff’s injury … . [read post]
11 Sep 2017, 9:18 am
, 97 F. [read post]
11 Sep 2017, 8:45 am
” In April, he yelled at her after she had muttered, “this is f**king ridiculous. [read post]
11 Sep 2017, 5:25 am
Holiday Quality Foods Inc., 293 F.3d 1133, 1137 (9th Cir. 2002).] [read post]
11 Sep 2017, 3:33 am
Fertility, 188 F.3d at 1348-49. [read post]
10 Sep 2017, 3:07 pm
Haenn, 190 F. [read post]
10 Sep 2017, 4:46 am
Baker, 445 F.2d 424 (3d Cir. 1971), because it pled that defendant CFO acted for “his own personal benefit because he was an LVI owner and was to become CFO of the new company with substantial compensation,” that is, defendant would become CFO of a new company with a “substantial” salary. [read post]
8 Sep 2017, 9:11 am
The defendant was responsible for conduct that was (1) reasonably foreseeable; and (2) or was jointly undertaken or agreed to. [read post]
8 Sep 2017, 8:19 am
In In re Hoffner, –F.3d–, 2017 WL 3908880, the Court today holds that persons sentenced in the bad ol’ days of the mandatory Guidelines may proceed on challenges under 28 U.S.C. [read post]
7 Sep 2017, 10:42 am
CareFirst, 865 F.3d 620 (D.C. [read post]
7 Sep 2017, 10:30 am
But such a claim requires the defendant’s action be a proximate cause of the plaintiff’s alleged injury. [read post]
7 Sep 2017, 8:19 am
The appeals court did not address the employer’s alternate argument that the EEOC’s claim for interference failed because it was brought under ADEA Section 626(f)(4), and that section does not provide an independent cause of action other than declaratory relief to negate a waiver asserted in an ADEA suit. [read post]
7 Sep 2017, 4:44 am
In the context of a kitchen, this might be (a) the kitchen as a whole; (b) an under sink cabinet; (c) a worktop design; (d) the combination of (b) and (c); (e) the door of the cabinet; (f) the cabinet handle; (g) the combination of (e) and (f); and so on. [read post]
7 Sep 2017, 3:56 am
In other words, where, as here, a proposed amended complaint contains an untimely claim against a defendant who is already a party to the litigation, the relevant considerations are simply (1) whether the original complaint gave the defendant notice of the transactions or occurrences at issue and (2) whether there would be undue prejudice to the defendant if the amendment and relation back are permitted (see CPLR 203[f]; CPLR 3025[b]; see Buran, 87 NY2d… [read post]
6 Sep 2017, 8:18 pm
This has tremendous consequences for defendants on trial and defendants who have been convicted and are facing punishment. [read post]
6 Sep 2017, 4:00 am
In addressing causation at the hearing of this application, counsel for the plaintiffs explained the nexus between the RCMP defendants’ conduct and the damages claimed as: had the RCMP officers conducted a proper investigation, Peter would have received a stiffer sentence. [read post]
5 Sep 2017, 10:00 pm
With a scheduling order required within 120 days of the complaint and a Rule 26(f) “meet and confer” conference required at least 21 days before that, there’s a lot to do and a short time to do it. [read post]
