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28 Jun 2023, 8:31 am
Md.) -- dismissing plaintiff’s claim because he failed to administratively appeal from agency’s “no records” response before filing his lawsuit. [read post]
17 Apr 2017, 7:26 am
The court granted plaintiff's motion to strike a previously undisclosed prior art publication from defendant's invalidity contentions and rejected defendant's argument that the reference was necessary to address plaintiff's challenge to another reference. [read post]
8 May 2014, 3:08 pm
Thus, a medical affirmation or affidavit which is based on a physician's personal examination and observations of plaintiff is an acceptable method to provide a doctor's opinion regarding the existence and extent of a plaintiff's serious injury. [read post]
18 Jul 2022, 2:21 pm
His grandmother's husband—plaintiff's step-grandfather—was physically and mentally abusive toward both plaintiff and his grandmother. [read post]
5 Aug 2013, 8:00 am
The court ruled that, despite the Plaintiff’s subjective complaints, there was no objective medical proof provided that the Plaintiff’s injuries amounted to a substantial impairment of a bodily function. [read post]
5 Aug 2013, 8:00 am
The court ruled that, despite the Plaintiff’s subjective complaints, there was no objective medical proof provided that the Plaintiff’s injuries amounted to a substantial impairment of a bodily function. [read post]
19 Jun 2015, 6:59 am
"Defendant's delay in petitioning for IPR could create at least some tactical disadvantage for [plaintiff] and a stay may unduly prejudice Plaintiff. [read post]
10 Sep 2018, 6:47 am
While plaintiff's "boy" allegation does not exactly contradict his prior statement, is represents a significant change from the prior allegation. [read post]
13 Dec 2023, 4:36 am
The Board declined to reach plaintiff's likelihood of confusion claim. [read post]
27 Feb 2019, 7:08 am
In a New York medical malpractice lawsuit, the burden of proof is on the plaintiff to prove four separate and distinct elements: that the defendant healthcare provider owed a certain standard of care to the plaintiff patient, that this duty was breached, that the plaintiff suffered damages, and that the defendant’s breach of the duty of care was the proximate cause of the plaintiff’s damages. [read post]
24 Dec 2014, 3:00 am
The leadership group filed a motion to amend the class action complaint to include additional claims, and Riceland filed a motion to dismiss the complaint asserting that the District Court lacked subject matter jurisdiction because CAFA’s 100-plaintiff threshold had not been met. [read post]
14 Jan 2020, 2:36 pm
This question is the source of much litigation, with nursing homes always wanting to argue that the period of time began earlier, in order to have a better chance at barring a plaintiff’s claim. [read post]
27 Sep 2018, 3:55 am
The trial court initially awarded plaintiff attorney’s fees, but after a motion to alter or amend the judgment by defendant, the trial court vacated the award of attorney’s fees. [read post]
1 Aug 2010, 3:46 pm
In that article, I showed how the non-resident defendant would have to be engaged in conduct that falls within at least one of the activities described in the statute, and the plaintiff’s cause of action has to arise from defendant’s acts. [read post]
1 Aug 2010, 3:46 pm
In that article, I showed how the non-resident defendant would have to be engaged in conduct that falls within at least one of the activities described in the statute, and the plaintiff’s cause of action has to arise from defendant’s acts. [read post]
13 Jun 2011, 6:54 am
Paul's request to extend the time to file responsive pleadings. [read post]
3 Aug 2009, 2:19 pm
The Washington Post has apparently just discovered the problem with American class action settlements: here's a report they have just published on the allegedly defective Ford Explorer design. [read post]
10 Nov 2021, 10:27 am
Recently, an appellate court issued a decision addressing whether a plaintiff’s claim falls under Florida’s negligence statute or the state’s medical malpractice statute. [read post]
8 Jan 2023, 6:41 pm
The burden should remain on the plaintiff.The statute is a response to the Louisiana Supreme Court’s 2020 decision in Ewing v. [read post]
24 Jun 2021, 10:15 am
Finally, plaintiffs' arguments regarding the use of their names and likenesses in promotional and advertising materials for the film are unavailing, as those materials "cannot reasonably be read to assert that plaintiff[s] endorsed or recommended" the film and were ancillary to the protected use in the film itself…. [read post]
