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18 Jun 2009, 7:27 am
When a qui tam plaintiff files a complaint in federal court under the False Claims Act, the statute requires that the complaint be filed “under seal. [read post]
15 Jan 2022, 9:57 pm
A plaintiff does not have to definitively eliminate all other possible causes of an injury in order for the doctrine of res ipsa loquitor to apply. [read post]
1 May 2017, 9:56 am
The issue before the court now was whether the plaintiffs had acquired prescriptive rights to use the entire beach throughout the year, in common with all others legally entitled to use it. [read post]
14 Oct 2013, 4:00 am
Given Justice Kagan’s opinion in Genesis Healthcare, the question would come down to whether any one of the five justices who did not join her dissent (but did not address the question of mootness) would agree with her position, or if all five would disagree. [read post]
27 Nov 2017, 3:00 am
Thus, Plaintiff could not bring a claim under the Illinois law. [read post]
18 Mar 2011, 5:00 am
Based on all of the above, the court granted defendants’ motion to dismiss. [read post]
14 Sep 2021, 3:47 pm
As pleaded, the Complaint lacked factual support to plausibly allege that Plaintiff was similarly situated to all other property owners in Washoe County who applied for annexation. [read post]
27 Aug 2021, 10:22 pm
The defendant reported that the procedure went well, and all three of the defendant’s hemorrhoids were reduced. [read post]
13 Mar 2017, 3:00 am
The discretionary exception provides that a district court may decline to exercise jurisdiction over a class action in which greater than one-third but less than two-thirds of the members of all proposed plaintiff classes in the aggregate, and the primary defendants, are citizens of the State in which the action was originally filed based on consideration of whether the claims asserted involve matters of national or interstate interest. [read post]
22 Jul 2011, 7:00 am
The court granted plaintiff partial summary judgment on his FDCPA claims and a jury found in favor of plaintiff on all remaining claims and awarded damages. [read post]
7 Mar 2017, 12:21 pm
… [122] I have concluded from all of the evidence that the plaintiff suffered neck, shoulder and low back injuries at the time of the accident. [read post]
10 Mar 2009, 6:35 am
Specifically, the Third Circuit affirmed the dismissal of all but one of Plaintiff’s claims for failing to file a notice of claim under the New Jersey Tort Claims Act. [read post]
18 Jul 2022, 3:30 am
If the plaintiff’s sincerely held beliefs compelled her to share her pro-choice stance online, and the union and employer coordinated to terminate her for doing so, the plaintiff would have prevailed all the same. [read post]
8 Oct 2018, 12:57 pm
At the Sharifi Firm, we represent clients in all types of California personal injury cases, including premises liability and professional negligence cases. [read post]
20 Jun 2017, 9:23 am
’ … The fact that a seller does not sell the product that you want, or at the price you’d like to pay, is not an actionable injury; it is just a regret or disappointment—which is all we have here. [read post]
10 Feb 2014, 12:19 am
I predict that decisions like this will become increasingly common over the next couple years as plaintiffs regain some—but not all—of the ground they lost in Twombly. [read post]
9 Jun 2009, 8:24 pm
He no longer pays any attention to his physical care and hygiene and has lost interest in all of his pre-accident physical and recreational activities. [read post]
18 Mar 2014, 7:25 am
The plaintiff did two important things. [read post]
4 Mar 2019, 11:28 am
The complaint was filed on behalf of all purchasers of Defendant’s American Depositary Receipts (“ADRs”) between January 9, 2014 and October 23, 2018. [read post]
7 Jun 2024, 2:47 am
Seasoned TCPA attorneys can help to: 1) ensure telemarketing law compliance and; 2) explore all avenues to a successful TCPA litigation defense. [read post]
