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24 May 2023, 1:24 pm
The motion judge thoroughly reviewed the evidence and the conditions under which the plaintiff performed his work, but the characterization of the facts as undisputed and the determination of the plaintiff’s work status as a matter of law are not convincing. [read post]
24 May 2023, 1:13 pm
In our earlier post on Taamneh, we argued that the plaintiff’s “theory of liability would contain no viable limiting principle” and asked “what in principle would separate a search engine from Twitter, if the search engine linked to an alleged terrorist’s account? [read post]
24 May 2023, 11:44 am
Ideally, that would be everyone’s goal. [read post]
24 May 2023, 10:05 am
Supreme Court’s Viking River majority opinion to hold that plaintiffs do not lose representative standing once their individual PAGA claims are compelled to arbitration. [read post]
24 May 2023, 9:47 am
That's why those two companies don't take extreme positions when they are on the enforcing side: they know what it's like when the shoe is on the other food, and they know that whatever they say as a defendant may be held against them as a plaintiff (though inconsistencies could only undermine their credibility but in the end all that should matter is the law). [read post]
24 May 2023, 9:24 am
The lawsuit claims the BPOs were TikTok’s proxies. [read post]
24 May 2023, 9:11 am
In any event, I would expect that plaintiffs could find a friendly forum--presumably a federal district judge in Texas--to find standing and enjoin the Biden administration.So no matter what the administration does nine days from now (if there's no deal), there will be litigation. [read post]
24 May 2023, 8:28 am
Causation of Harm A plaintiff must next show that the defendant’s actions when breaching the duty of care caused the plaintiff harm. [read post]
24 May 2023, 8:25 am
The focus is on whether the defendant’s actions or products were inherently dangerous or defective, resulting in harm to the plaintiff. [read post]
24 May 2023, 8:25 am
The focus is on whether the defendant’s actions or products were inherently dangerous or defective, resulting in harm to the plaintiff. [read post]
24 May 2023, 7:55 am
Four said that the plaintiffs had failed to allege a substantial burden on interstate commerce so Pike didn’t apply. [read post]
24 May 2023, 7:35 am
Lab Corp The plaintiff filed a misdiagnosis against LabCorp, alleging it inaccurately interpreted the plaintiff’s annual Pap smear slides, a critical component of cervical cytology exams. [read post]
24 May 2023, 7:04 am
Usually, I have not been super supportive of the plaintiffs. [read post]
24 May 2023, 6:35 am
That poses a higher burden of proof for the plaintiff, who must show the trial court's ruling contravened established law. [read post]
24 May 2023, 6:30 am
The decision serves as an important reminder to boards that a properly formed and functioning special litigation committee (“SLC”)—comprised of independent and disinterested members, which acts in good faith and reaches reasonable conclusions—is a potent tool for a corporation to retain control over derivative claims, even when the plaintiffs have excused demand on the board to bring the litigation based on the board’s non-independence or conflicts. [read post]
24 May 2023, 6:30 am
The decision serves as an important reminder to boards that a properly formed and functioning special litigation committee (“SLC”)—comprised of independent and disinterested members, which acts in good faith and reaches reasonable conclusions—is a potent tool for a corporation to retain control over derivative claims, even when the plaintiffs have excused demand on the board to bring the litigation based on the board’s non-independence or conflicts. [read post]
24 May 2023, 6:03 am
The plaintiffs’ arguments centered mostly on the project’s impact on an endangered species, the North Atlantic right whale. [read post]
24 May 2023, 4:45 am
The plaintiff rebuffed the contact. [read post]
24 May 2023, 4:05 am
Watchtower Bible and Tract Society of New York, (D MT, May 22, 2023), involved a motion by plaintiff to compel production of documents that the Jehovah's Witnesses parent body withheld in discovery claiming clergy-penitent privilege. [read post]
23 May 2023, 11:00 pm
When that didn’t happen, a motion was made to compel R.G. to be deposed, or that a “preclusion” sanction be issued against him.In support of that motion, plaintiff’s counsel submitted an affirmation of good faith “which stated that the plaintiffs' counsel's ‘office has conferred with counsel for Defendants regarding matters that are the subject of this motion,’ and despite efforts ‘to obtain the deposition… [read post]
