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29 May 2018, 12:44 pm by Jonathan H. Adler
All but four of the plaintiffs have sufficiently pleaded factual allegations demonstrating that the inscription substantially burdens their religion and have thus pleaded a plausible violation of RFRA. [read post]
6 Mar 2015, 5:00 am
  That motion was well received, resulting in familiar language explaining that even though the court will draw all reasonable inferences in favor of the plaintiff, it need not accept unwarranted factual inferences. [read post]
25 Jan 2015, 10:47 am by Andrew Delaney
[The court will] treat all reasonable inferences from the complaint as true, and [ ] assume that the movements contravening assertions are false. [read post]
26 Apr 2022, 5:27 am by Rebecca Tushnet
Meta’s challenges to the merits didn’t make class treatment inappropriate; to the extent that merits scrutiny was warranted, plaintiffs showed that all class members were exposed to a similar representation about the ability of Potential Reach to reach “people,” namely unique individuals. [read post]
7 Oct 2014, 12:06 pm
  Or censure the negative with all the indignation we can muster. [read post]
20 Dec 2012, 11:05 am by Bexis
  Joe doesn’t send us his bad ones (although certain plaintiff lawyers do pass them along to us).But not all bloggable decisions are created equal. [read post]
3 Jul 2013, 11:55 am
The several alternative remedies of injunction and monetary damages that he seeks all arise from the claim that he is entitled to indefinite renewal of his lease and are not severable. [read post]
7 Jul 2011, 8:44 am by Lauren Ellerman
The issue is whether you can solicit old clients regardless of the business venture, services offered etc.I see this all the time in contracts. [read post]
17 Oct 2016, 10:48 am by Steven Cohen
 The plaintiff (Visteon) argues that the defendants (Garmin) directly or indirectly infringes on three patents, all three relating to electronic navigation systems for vehicles. [read post]
11 Dec 2009, 12:01 pm by Quanah Spencer
Among other things, the Cobell plaintiffs sought an accounting of the trust corpus to determine its value. [read post]
4 Oct 2021, 6:09 am by Second Circuit Civil Rights Blog
Plaintiff sued this company over a defective mesh implant used during hernia surgery. [read post]
5 Nov 2012, 2:30 am
Bayer’s concession has cost them more than $400 million so far, and the company is still negotiating numerous other settlements with plaintiffs all over the country. [read post]
7 Dec 2014, 12:45 pm by Andrew Delaney
Throw a little constitutional and criminal law in this one, and you’d have a case that touches on all your first-year-of-law-school subjects.The SCOV begins with duty. [read post]
7 May 2015, 5:00 am
  While things aren’t perfect, all in all successful class actions for purported prescription medical product injuries are pretty rare.Each defeat drives the class action purveyors further towards the margins, and recently, in In re Avandia Marketing, Sales Practices & Products Liability Litigation, 2015 WL 1736976 (E.D. [read post]
28 Oct 2013, 8:43 pm by Daniel Richardson
  Hospital claims Plaintiff’s motion is based on “newly-discovered evidence,” under V.R.C.P. 59 and 60(b)(2), while Plaintiff claims his motion is more appropriately under V.R.C.P. 60(b)(6)’s catch-all interests-of-justice-if-made-within-a-reasonable-time standard. [read post]
23 May 2019, 9:34 am by Steven Cohen
Atherton reliably applied his methodology of reviewing all available documentation generated by the use of force incident. [read post]
24 Oct 2011, 6:06 am
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.) [read post]