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10 Jan 2012, 8:47 am
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.) [read post]
30 Aug 2012, 3:02 pm
Plaintiff's complaint and any and all cross claims against the County are dismissed. [read post]
16 Apr 2010, 2:52 pm
Arkansas, plaintiffs challenged the constitutionality of an Arkansas statute that bans adoption and foster-care by unmarried couples. [read post]
2 Nov 2016, 6:05 am
Justice Stephen Breyer dominated the argument; my rough guess is that he talked more than all the remaining justices put together. [read post]
29 Jul 2017, 5:32 pm
In deciding a motion to dismiss under Rule 12(b)(6), the Court must accept the factual allegations in the complaint as true and draw all reasonable inferences in favor of the plaintiff. [read post]
18 Apr 2011, 4:30 am
And then we got ornery about how plaintiff lawyers exploit such criticisms. [read post]
26 Aug 2016, 1:43 pm
Rather, Plaintiffs challenged the amount of fees. [read post]
3 Oct 2013, 9:40 am
Only after the class has achieved certification do the plaintiffs worry about trying to include all potential class members. [read post]
31 Aug 2017, 12:55 pm
Though a plaintiff need not allege facts sufficient to show that she was identified to the exclusion of all other persons bearing their name or likeness, she must still allege facts to plausibly infer that she was identified to a reasonable audience by the defendant’s use. [read post]
6 Sep 2013, 2:18 pm
Incidentally, one can genuinely question why the case should ever have been conditionally certified at all when the claims covered a wide range of hospitals of different sizes, medical practices strewn across western Pennsylvania, midwives, a nursing school, a surgical supply company, and even a holding company, all of which were likely to have very different workplaces. [read post]
17 Jun 2021, 9:28 am
The Court’s approach avoided the need to say anything about the Commerce Clause—and for that we can all be grateful! [read post]
27 Sep 2013, 6:02 am
Perhaps the plaintiffs were trying to take advantage of the lower burden of proof, or perhaps they were concerned that many people over 250 pounds aren’t disabled at all. [read post]
30 Jan 2017, 8:21 am
” Disclosure obligations include those relating to safety risks, but not all material facts, including supply chain practices. [read post]
6 May 2013, 12:50 pm
Not all msgs go on screen. [read post]
12 Sep 2014, 4:30 am
R.C.P. 4019(e) to promptly notify all other counsel and parties of the cancellation of that deposition before those individuals have incurred travel and pre-deposition preparation expenses. [read post]
4 Sep 2015, 9:01 am
(By contrast, all-purpose public figures--generally, celebrities and household names--must prove malice in any defamation action regardless of the topic). [read post]
31 May 2017, 10:44 am
Among other things, a certificant may describe his or her practice as “fee-only” if, and only if, all of the certificant’s compensation from all of his or her client work comes exclusively from the clients in the form of fixed, flat, hourly percentage or performance-based fees. [read post]
2 Aug 2016, 7:42 am
After all, people normally walk, stand, and allow their dogs to defecate on and near sidewalks. [read post]
6 Dec 2017, 6:39 am
Gaster was retained to explain the difference between emotional distress and physical manifestations and we all as opine on the causation relative to the manifestations of distress and exposures at Dahl’s. [read post]
17 Sep 2018, 7:00 am
The plaintiff appealed. [read post]
