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11 May 2015, 7:27 am
Here, plaintiff’s counsel must have done a good job in his brief of pointing out the potential differences in the photographs presented by defendants and the scene as viewed from plaintiff’s perspective. [read post]
District Court Finds Asserted Claims of Aerial Roof Measurement Patent Invalid Under 35 U.S.C. § 101
26 Jan 2023, 10:02 am
Andrews), the court found that plaintiff’s three aerial roof measurement patents encompassed unpatentable subject matter and that claim 1 in each of those patents was directed to an abstract idea and therefore granted defendant’s motion to dismiss on those grounds. [read post]
3 Sep 2010, 5:30 am
Applying CAFA’s home-state exception, a District Court in Missouri granted the plaintiff’s second motion to remand after it determined through limited discovery that more than two-thirds of all plaintiffs are citizens of Missouri. [read post]
16 Jan 2020, 5:16 pm
In addition to providing evidence regarding the duty of care owed by the defendant(s) to the plaintiff(s) and the defendant’s alleged breach of that duty, the plaintiff must also provide competent evidence of any physical injuries for which he or she seeks compensation. [read post]
7 Apr 2020, 10:08 am
Specifically, a plaintiff must prove 1.) that a dangerous condition existed on the defendant’s premises; 2.) the defendant had actual or constructive knowledge of the dangerous condition; 3.) the defendant owed a duty to the plaintiff; 4.) the defendant knew about the dangerous condition for long enough remove the condition or to warn the plaintiff; 5.) the plaintiff suffered an injury; and 6.) the defendant’s conduct caused the… [read post]
22 Oct 2013, 11:55 am
The injury caused chronic pain and impacted the Plaintiff’s working tolerance. [read post]
5 Oct 2007, 10:06 pm
They keep the initiative with the plaintiff's side, says California class action plaintiff's attorney Brad Seligman:Individual cases rise and fall on your client. [read post]
16 Apr 2019, 5:43 am
.) -- dismissing plaintiff’s lawsuit because Bureau of Alcohol, Tobacco, Firearms, and Explosive had no record of receiving of plaintiff’s request, which was addressed to a facility that moved ten years ago. [read post]
14 Dec 2006, 1:32 pm
Dec. 11, 2006).In this opinion granting Defendant’s motion for summary judgment, the Superior Court evaluated the liquidated damages provision contained in Defendant’s contract with Plaintiff. [read post]
24 Jul 2008, 4:07 am
As best I could tell, Plaintiff's... [read post]
16 Feb 2008, 12:41 pm
The Florida Third District Court of Appeal reversed a plaintiff's jury verdict in a slip-and-fall case as a result of trial misconduct by plaintiff's counsel. [read post]
15 May 2018, 5:44 am
Moore (“plaintiff”) appeals from the trial court’s order granting defendants’ motion for summary judgment on plaintiff’s claim for legal malpractice. [read post]
15 Jun 2010, 8:48 am
A district court judge granted summary judgment for defendants in a defamation plaintiff's action against A&E Television Network in a case in which the plaintiff alleged that the network's show "Gangland" defamed him and put his life in danger. [read post]
14 Apr 2019, 6:01 pm
.) -- dismissing plaintiff’s lawsuit because Bureau of Alcohol, Tobacco, Firearms, and Explosive had no record of receiving of plaintiff’s request, which was addressed to a facility that moved ten years ago. [read post]
7 Jan 2016, 8:55 am
Robin reviews Patricia Hatamyar Moore’s recent article, The Anti-Plaintiff Pending Amendments to the Federal Rules of... [read post]
15 Dec 2008, 2:58 pm
The Fifth Circuit recently reversed a district court's finding that even though a suit involved a federal question, the entire case should be remanded to state court because most of the plaintiff's claims arose under state law. [read post]
31 May 2009, 9:29 am
Plaintiff's brief can be accessed here. [read post]
27 Jun 2008, 9:18 am
Dismissing a plaintiff's case based on the plaintiff's litigation conduct requires "the most blatant showing of fraud, pretense, collusion, or other similar wrong doing. [read post]
4 Dec 2007, 12:46 pm
The New York Sun commented yesterday on Judge Jack Weinstein's popularity with mass tort plaintiffs and noted plaintiffs' tendencies for "judge shopping. [read post]
5 Aug 2016, 2:59 pm
RICHMOND – Faced with a “Stalingrad defense” to a plaintiff’s request for attorney’s fees in a consumer protection case, a Richmond federal judge took the novel approach of asking the defendant company to file its own billing records with the court. [read post]