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17 Jul 2023, 8:32 am by Eric Goldman
’” Yet the very nature of the Abitron dispute—between a US plaintiff (Hetronic) and its former Austrian and German distributors (together referred to here as Abitron)—vividly illustrates that territories are highly permeable and possibly even anachronistic in an age of globalized commerce and trade, especially in IP cases where intangibles know no borders. [read post]
17 Jul 2023, 6:00 am by Public Employment Law Press
Plaintiffs then appealed Supreme Court's order and its judgment [1] dismissing the proceeding and [2] denying, "as academic," the Plaintiffs' motion for other judicial relief. [read post]
17 Jul 2023, 6:00 am by Public Employment Law Press
Plaintiffs then appealed Supreme Court's order and its judgment [1] dismissing the proceeding and [2] denying, "as academic," the Plaintiffs' motion for other judicial relief. [read post]
17 Jul 2023, 5:17 am by Andrew Lavoott Bluestone
In March 2018, the plaintiff commenced this action to recover damages for legal malpractice arising out of the defendants’ prior legal representation of it in connection with a purchase agreement of the plaintiffs restaurant business. [read post]
17 Jul 2023, 5:16 am by Lubin and Meyer
New England's top injury law firm has represented New Hampshire plaintiffs and their families for over 40 years. [read post]
17 Jul 2023, 4:36 am by Berniard Law Firm
Lazer Spot, Inc. then filed to dismiss Whitlock’s motion, arguing that his challenges did not state a claim. [read post]
17 Jul 2023, 1:46 am by Will Newman
Many lawsuits arise from a plaintiffs complaint that the defendant lied about them. [read post]
17 Jul 2023, 1:00 am by Yosha Law
The medical expert strengthened the plaintiffs case by establishing a clear link between the facility’s negligence and the harm suffered. [read post]
16 Jul 2023, 9:01 pm by renholding
Writing for a majority of five, Justice Alito held that a plaintiff must show that the infringing “use in commerce” occurred domestically, emphasizing that the “ultimate question” on an extraterritoriality analysis is “the location of the conduct relevant to the focus” of the statute. [read post]
16 Jul 2023, 6:44 pm by Franklin C. McRoberts
A derivative claim is considered property of the entity, so a derivative petitioner / plaintiff must allege either pre-suit demand upon the entity’s board of directors or controllers or that such a demand would be futile. [read post]
16 Jul 2023, 10:03 am by Kevin LaCroix
The complaint is based on the allegation that the defendants’ “failure to disclose Baxter’s true problems relating to its supply chain deceived investors (including Plaintiff) about the Company’s true financial health. [read post]
16 Jul 2023, 7:05 am by Eric Goldman
It’s true that Section 230 only matters if the plaintiffs have meritorious substantive claims. [read post]
15 Jul 2023, 9:00 am by AccelerateEditor
However, as long as the plaintiffs percentage of fault is less than 50%, they can still recover damages. [read post]
15 Jul 2023, 6:30 am
The plaintiff claimed that a vote was required, under DGCL Section 271, because the sale constituted a sale of “all or substantially all” of the Company’s assets. [read post]
15 Jul 2023, 6:30 am
The plaintiff claimed that a vote was required, under DGCL Section 271, because the sale constituted a sale of “all or substantially all” of the Company’s assets. [read post]
15 Jul 2023, 6:00 am by Lawrence Solum
In doing so, we rectify a fundamental error in the way federal courts define the immunity conferred by the FTCA’s Westfall Act. [read post]