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7 Feb 2017, 6:32 am by Rebecca Tushnet
”  If a claim only partially sounds in fraud, the court should disregard the allegations of fraud and consider whether the plaintiff states a claim. [read post]
6 Feb 2017, 1:04 pm by Paul R. Monsees
One thing seems certain in states where this decision applies — plaintiffs now have a broader, more employee-friendly test at their disposal. [read post]
6 Feb 2017, 12:02 pm by Altman & Altman
Due to high demand, Xarelto’s manufacturers may have rushed the product to market without adequate safety testing. [read post]
6 Feb 2017, 10:39 am by Michael Linhorst
As a result, the court held that the plaintiffs lacked standing to bring the motion. [read post]
6 Feb 2017, 6:26 am by Rebecca Tushnet
”  To recover lost profits, “a plaintiff must make a ‘prima facie showing of reasonably forecast profits. [read post]
5 Feb 2017, 9:40 pm by Mitch Stoltz
Three of the plaintiffs against Public.Resource.Org have already tried to do this with the 1999 Standards for Educational and Psychological Testing, which is a part of both state and federal regulations. [read post]
4 Feb 2017, 4:58 am by Dan Harris
The plaintiffs in that case were Hubei Gezhouba Sanlian Industrial Co. [read post]
3 Feb 2017, 10:06 am by Lebowitz & Mzhen
In the recent case, the appellate court ultimately reversed a lower court’s default judgment after applying a multi-factor test. [read post]
3 Feb 2017, 10:06 am by Lebowitz & Mzhen
In the recent case, the appellate court ultimately reversed a lower court’s default judgment after applying a multi-factor test. [read post]
3 Feb 2017, 9:33 am by Steven Cohen
The defendants appeal the opinion of the lower court allowing the expert witness testimony of plaintiff’s electrical engineer. [read post]
3 Feb 2017, 7:30 am by Emma Kohse
However, Judge Quackenbush seemed inclined to apply the Fourth Circuit’s two-step determination test from the now vacated case of al-Marri v. [read post]
2 Feb 2017, 6:04 pm by Cynthia Marcotte Stamer
A just-announced $3.2 million Health Insurance Portability & Accountability Act (HIPAA) Civil Monetary Penalty (CMP) paid by Children’s Medical Center of Dallas (Children’s)  for failing to adequately secure electronic protected health information (ePHI) and correct other HIPAA compliance deficiencies teaches many key lessons for employer and other health plans and insurers, healthcare clearinghouses, healthcare providers and their business associates (“Covered… [read post]
2 Feb 2017, 1:33 pm by emagraken
  (i)              The plaintiff is functional for basic handling, reaching, balance, stooping, lifting and carrying for amounts tested, sitting, standing and walking. [read post]
2 Feb 2017, 1:22 pm by Andrew Hamm
Below the jump is a compilation of Judge Neil Gorsuch’s jurisprudence on the U.S. [read post]
2 Feb 2017, 8:33 am by Rebecca Tushnet
”  Plaintiffs are often reluctant to solicit customers, who might be at risk of being subpoenaed, [read post]