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21 Jun 2023, 4:30 am
By Eric SegallOn Monday, Mike wrote a post about last Friday's opinion allowing the United States government to dismiss a qui tam suit even after it allowed a plaintiff to bring the case. [read post]
21 Jun 2023, 4:05 am
As the Court has previously found, the Parent Plaintiffs have a fundamental right to seek medical care for their children and, in conjunction with their adolescent child’s consent and their doctor’s recommendation, make a judgment that medical care is necessary. [read post]
20 Jun 2023, 8:30 pm
Typically, the defense attorney’s statement comes after the plaintiff’s attorney makes their statement, as the defendant is answering the claims of the plaintiff. [read post]
20 Jun 2023, 5:23 pm
In this case, he ruled that parents “have a fundamental right to seek medical care for their children and, in conjunction with their adolescent child’s consent and their doctor’s recommendation, make a judgment that medical care is necessary. [read post]
20 Jun 2023, 3:19 pm
PacifiCorp further contended that the plaintiffs could not establish that PacifiCorp’s actions caused the fires on a class-wide basis, resulting in damage to the properties of each and every class member. [read post]
20 Jun 2023, 2:03 pm
Indeed, defendant’s own expert testified that it was prudent for plaintiff to withdraw its product from distribution during the outbreaks. [read post]
20 Jun 2023, 12:11 pm
Unlike arrest pursuant to Rule C (in rem), the property seized need not have an underlying connection to the plaintiff’s claim and need not be encumbered by a maritime lien. [read post]
20 Jun 2023, 12:00 pm
As to the defendant’s cross-appeal, the trial court did not err in admitting evidence relating to the Governor’s pardon of the plaintiff or by refusing the defendant’s challenge for cause of a juror. [read post]
20 Jun 2023, 10:49 am
Scott Lassiter, now an assistant principal in Wake County, alleges that Moore engaged in a years-long extramarital affair with the plaintiff's wife, Jamie Liles Lassiter, from whom he is now separated. [read post]
20 Jun 2023, 10:14 am
In response to the notice of voluntary dismissal filed by the Plaintiffs, Allstate filed a memorandum supporting its motion for attorney’s fees under CR 37.02(3). [read post]
20 Jun 2023, 9:40 am
Waterford, Cohanzie Fire Dept., with dissent (Statutory (§ 7-433c) heart and hypertension benefits; certification from Appellate Court; claim that Appellate Court improperly affirmed decision of Compensation Review Board upholding workers' compensation commissioner's finding that plaintiff's myocardial infarction was compensable under § 7-433c; eligibility; part-time firefighter.) [read post]
20 Jun 2023, 9:20 am
In essence, a wrongful death claim puts plaintiffs in the victim’s shoes as if the victim brought the claim. [read post]
20 Jun 2023, 8:58 am
The CJEU’s decision The CJEU held that the counterclaim is not limited to the goods and services on which the infringement action is based. [read post]
20 Jun 2023, 8:42 am
Plaintiffs Claremont and Hills filed writ petitions challenging the adequacy of the EIR’s descriptions of the four projects and its environmental analysis. [read post]
20 Jun 2023, 8:01 am
Negligent misrepresentation: “To state a cause of action for negligent misrepresentation in Florida, a plaintiff must allege: ‘(1) the defendant made a misrepresentation of material fact that [it] believed to be true but which was in fact false; (2) the defendant was negligent in making the statement because [it] should have known the representation was false; (3) the defendant intended to induce the plaintiff to rely...on the misrepresentation; and (4) injury resulted… [read post]
20 Jun 2023, 8:00 am
May 19, 2023) Plaintiff sued defendant, which does business as Organic Valley, under the CLRA and UCL, challenging labels on milk that say: 1. [read post]
20 Jun 2023, 8:00 am
Greg Easter, Elizabeth S. [read post]
20 Jun 2023, 7:59 am
” (I teach that false advertising is probabilistic: if a representation is likely to deceive a substantial number of reasonable consumers, it is deceptive, even if not everyone is misled—but that conclusion is most reliable for competitor-plaintiffs, as this case shows. [read post]
20 Jun 2023, 7:42 am
‘In 2023, plaintiff learned for the first time that MWE claims to have provided information to Watanabe regarding the undisclosed conflicts at MWE and that Watanabe failed to provide that information to plaintiff in advance of him agreeing to the partnership at MWE.'” “McFarland’s complaint makes claims for breach of contract, breach of implied covenant of good faith and fair dealing, negligence, accounting, common counts, concealment, and… [read post]
20 Jun 2023, 6:00 am
Selecting a named plaintiff in a putative class action can be one of the most important, but overlooked, decisions that a plaintiff’s counsel makes. [read post]
