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21 Jun 2023, 9:00 am
Indeed, in the very Fifth Circuit case the DOL cites, the Court gave the investment factor “little weight” because the plaintiffs were small businesspersons who necessarily worked for much larger companies. [read post]
21 Jun 2023, 8:57 am
The plaintiff’s expert provided evidence of the profits the plaintiff lost as a result of the salesman quitting. [read post]
21 Jun 2023, 8:45 am
The CFPB has filed its opposition to the motion seeking a preliminary injunction filed by the plaintiffs in the lawsuit challenging the validity of the CFPB’s final rule implementing Section 1071 of the Dodd-Frank Act (Rule). [read post]
21 Jun 2023, 8:24 am
We practice elder abuse and neglect cases, and not many firms do that on the plaintiff’s side. [read post]
21 Jun 2023, 8:21 am
However, it’s not enough to secure a judgment. [read post]
21 Jun 2023, 8:19 am
In any personal injury case, the victim (plaintiff) must prove that the at-fault party (defendant) owed them a duty of care, violated that duty, and directly caused their injuries and resulting damages. [read post]
21 Jun 2023, 8:15 am
That’s the decision. [read post]
21 Jun 2023, 8:07 am
She did not receive these benefits and thus cannot invoke Connecticut's unique statute. [read post]
21 Jun 2023, 8:06 am
Although defendant’s VP for External Affairs & Corporate Responsibility stated that the report was only published online so that the defendant could be eligible for a global corporate governance award and “was not put online for any sales-related purpose and was not directed to end-consumers,” the plaintiff submitted evidence that links to the ESG Report were widely circulated on the defendant’s social media accounts. [read post]
21 Jun 2023, 7:41 am
Sheres, Anzalone requested that DuBosar Sheres, and later DuBosar Law Group, represent him in a personal transaction having nothing to do with plaintiff,’ FLP said, adding that ‘Howard DuBosar’s former law firm’s involvement with plaintiff merely involved his former law partner reworking a page of that agreement, so it would be facially enforceable.'” “In June 2020, DuBosar Law Group PA joined Weiss Serota, and around… [read post]
21 Jun 2023, 7:41 am
Sheres, Anzalone requested that DuBosar Sheres, and later DuBosar Law Group, represent him in a personal transaction having nothing to do with plaintiff,’ FLP said, adding that ‘Howard DuBosar’s former law firm’s involvement with plaintiff merely involved his former law partner reworking a page of that agreement, so it would be facially enforceable.'” “In June 2020, DuBosar Law Group PA joined Weiss Serota, and around… [read post]
21 Jun 2023, 7:20 am
Similarly, in rejecting fair use for the inclusion of plaintiff’s copyrighted comedy routine in defendant’s play, the Second Circuit said, The “dramatic” purpose served by the Routine in the Play appears to be as a “McGuffin,” that is, as a theatrical device that sets up the plot, but is of little or no significance in itself. [read post]
21 Jun 2023, 7:00 am
Each side will be given the opportunity to present expert testimony – meaning that the defense will have the right to offer experts whose opinions differ from those offered by the Plaintiff’s experts. [read post]
21 Jun 2023, 7:00 am
Each side will be given the opportunity to present expert testimony – meaning that the defense will have the right to offer experts whose opinions differ from those offered by the Plaintiff’s experts. [read post]
21 Jun 2023, 7:00 am
Each side will be given the opportunity to present expert testimony – meaning that the defense will have the right to offer experts whose opinions differ from those offered by the Plaintiff’s experts. [read post]
21 Jun 2023, 6:56 am
New ELB Podcast: Why did two conservative justices on the Supreme Court join the Court’s liberals to save section 2 of the Voting Rights Act in Allen v. [read post]
21 Jun 2023, 6:38 am
So although VIP’s effort to ridicule Jack Daniel’s does not justify use of the Rogers test, it may make a difference in the standard trademark analysis. [read post]
21 Jun 2023, 6:12 am
During the supervising physician’s deposition, plaintiff’s counsel questioned him about what his expectations of the midwife would be in hypothetical situations, when the mother’s condition became concerning, and other questions related to the standard of care for the midwife, all of which the physician’s attorney instructed him not to answer. [read post]
21 Jun 2023, 5:00 am
” Given that the alleged abuser’s duties included “monitoring the plaintiff, organizing activities and programing, addressing the plaintiff's daily problems and concerns, ensuring that the plaintiff remained in a safe and protected environment, and generally tending to the plaintiff's needs during [that employee’s] daily eight-hour shifts,” the AD2 concluded that the individual in question… [read post]
21 Jun 2023, 4:30 am
Fortunately, for the defendant in the Third Circuit’s decision, whether the alleged harasser served as the company’s proxy or alter ego proved immaterial because a jury concluded that the plaintiff had not been subjected to a hostile work environment. [read post]
