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28 Aug 2014, 6:19 am
" The use of all sorts of police weaponry can violate clearly-established law even if no case in particular address a particular weapon. [read post]
30 May 2012, 9:57 pm
" Whereas some states have pure comparative fault, where a plaintiff can recover even if he is mostly responsible for his own injuries, West Virginia will not permit a plaintiff to recover if he or she is 50% or more at fault. [read post]
11 Jan 2010, 6:00 am
Many toxic exposures cause disease (if at all) only many years later. [read post]
26 Dec 2018, 9:59 am
At the dedicated Maryland truck accident law firm of Lebowitz & Mzhen, LLC, we represent injury victims in all types of truck accident lawsuits, including those involving difficult insurance companies. [read post]
29 Dec 2011, 5:10 am
" Nevertheless, the jury found (i) that plaintiff failed to prove that the accused devices "include all requirements of each [asserted] claim of the [patent-in-suit]," and (ii) that defendants proved "by clear and convincing evidence that the specification of the [patent-in-suit] does not contain an adequate written description supporting [the independent claim on which the other two asserted claims depend]. [read post]
11 May 2009, 11:55 am
Defendant was advised that this dog must be chained and kept confined at all times. [read post]
1 Jan 2008, 4:04 pm
The court's determination of whether all claims pled are covered by an automobile exclusion is fact driven. [read post]
9 Apr 2010, 8:22 am
White establishes that he complied, at all times, with the applicable standard of care. [read post]
9 Jan 2009, 4:26 am
§ 1407 in the Northern District of Illinois; all responding plaintiffs opposed the motion (at least in the form proposed by defense attorneys). [read post]
17 Jul 2009, 12:54 pm
All three judges on the panel agreed that a jury could have found that the plaintiff’s injuries were proximately caused by the nursing staff’s failure to contact the doctor soon enough about the patient’s worsening condition. [read post]
28 May 2011, 7:57 am
Plaintiff Brown contends that both Dr. [read post]
12 Oct 2010, 1:19 pm
The second round was us as defendent and Team 12 as plaintiff. [read post]
21 Jun 2009, 1:13 pm
Likewise, the Supreme Court (and really all courts) have generally treated discrimination under the various anti-discrimination statutes (Title VII, ADA, and the ADEA being the big ones) more-or-less the same.Employers will no doubt see Gross as a victory as it saves them from difficult to defend mixed motive ADEA cases by keeping the burden on the plaintiff. [read post]
2 Feb 2007, 2:45 pm
Alternatively, or in addition, the state or its agent could seek what Cathy Sharkey calls social compensation, or what economists call optimal deterrence from the defendant--all independent of the plaintiff's choice to be satisfied with compensatory damages. [read post]
23 Dec 2011, 4:42 am
In all three cases, the court affirmed the district court judgments on the basis that Gordon lacked standing to sue under CAN-SPAM and his claims under Washington’s spam statute were preempted. [read post]
6 Sep 2017, 1:19 pm
Having rejected all of plaintiff’s arguments, the Court affirmed dismissal. [read post]
20 Oct 2017, 7:14 am
Thus, the employee’s “application for a categorical ruling tolling the statute of limitations for all opt-in plaintiffs” was denied. [read post]
5 Jun 2018, 1:13 am
A consumer class action against AT&T Mobility for cell phone data “throttling” was revived on March 14, 2018, by the Northern District of California, courtesy of a motion to reconsider and subsequent denial of a motion to compel arbitration (as to all but one of the plaintiffs) in Roberts v. [read post]
11 May 2007, 8:00 am
The complaint made no such allegations with regard to the named plaintiff. [read post]
8 Aug 2012, 7:53 pm
All of the above categories of plaintiffs will undoubtedly argue that the Syncora decision should apply equally in those cases. [read post]