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8 Aug 2018, 10:59 am
Plaintiffs’ expert witnesses had reprised a common claimants’ strategy; namely, they claimed that all the epidemiology studies lacked statistical power. [read post]
8 Aug 2018, 6:30 am
It can also assist when it comes to understanding inconsistencies in the claimant’s recorded statement and future deposition. [read post]
8 Aug 2018, 2:02 am
Alas for claimant libel lawyers it was not to be so. [read post]
8 Aug 2018, 1:32 am
Staudinger/S. [read post]
7 Aug 2018, 3:16 pm
As I noted in a prior post (here), in November 2016, shareholders filed a climate change-related securities class action lawsuit against ExxonMobil, in which the claimants allege that the company’s did not adequately disclose the impact from climate change-related issues on its ability to realize the value of its hydrocarbon assets. [read post]
7 Aug 2018, 3:16 pm
As I noted in a prior post (here), in November 2016, shareholders filed a climate change-related securities class action lawsuit against ExxonMobil, in which the claimants allege that the company’s did not adequately disclose the impact from climate change-related issues on its ability to realize the value of its hydrocarbon assets. [read post]
7 Aug 2018, 2:29 pm
At first glance, the facts of Corrington seem to indicate that the insurer’s denial of disability benefits violated the policy’s incontestability provision. [read post]
7 Aug 2018, 1:06 pm
Apfel, 616 N.E.2d at 1098.The essential elements of a property rights-based claim for tortious misappropriation of intellectual property are: (1) an idea was communicated by the claimant to another in confidence; (2) the idea was novel and original; (3) the recipient used the idea to the recipient’s benefit; and (4) resulting damages to the claimant based on the tortfeasor’s beneficial use of the idea or knowledge. [read post]
7 Aug 2018, 7:06 am
Chiellini’s response denied the accusations. [read post]
7 Aug 2018, 5:58 am
The Texas Supreme Court has held that liability under the language of Section 541.060(a)(2)(A) requires the insured the show “that (1) the policy covers the claim, (2) the insured’s liability is reasonably clear, (3) the claimant has made a proper settlement demand within policy limits, and (4) the demand’s terms are such that an ordinary prudent insurer would accept it. [read post]
7 Aug 2018, 3:28 am
The Court held that a Claimant seeking reliefs for trademark infringement must show that (a) the defendant is not the trademark owner or a permitted registered user and (b) the defendant has used the mark or a similar mark in the course of trade and in a manner that is likely to deceive or cause confusion. [read post]
6 Aug 2018, 4:38 pm
These days, D&O claims come from a wide variety of different prospective claimants. [read post]
6 Aug 2018, 8:14 am
According to Louisiana law, when a claimant challenges a medical director’s decision, the burden of proof that the claimant must satisfy is a heightened standard of clear and convincing evidence. [read post]
5 Aug 2018, 4:03 pm
Various Claimants v W M Morrisons Supermarkets plc [2017] EWHC 3113 (QB) Lachaux v Independent Print [2017] EWCA Civ 1334 this was the subject of a range of posts on Inforrm including Iain Wilson and Tom Double and Nicola Cain. [read post]
5 Aug 2018, 1:13 pm
The claimant’s case can only get off the ground if he can show that his circumstances and those of the analogue are materially different: that they are unalike cases. [read post]
3 Aug 2018, 10:16 pm
President Trump’s executive order will have the undeniable effect of politicizing Social Security decisions. [read post]
3 Aug 2018, 7:11 pm
Our plan is to have him evaluate the claimant to give his opinion on the issue. [read post]
3 Aug 2018, 4:16 pm
President Trump’s executive order will have the undeniable effect of politicizing Social Security decisions. [read post]
3 Aug 2018, 8:06 am
Suppose that your mother dies in a car accident where the defendant was driving negligently and is therefore responsible for your mother’s death. [read post]
3 Aug 2018, 7:18 am
They hope the appeal or ERISA lawsuit will be limited to evaluation of the ability to work in the claimant’s own occupation, so the insurer or the court will make the decision based only on that definition. [read post]