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13 May 2023, 6:30 am
However, the court’s increased receptivity to Caremark claims over the past few years has provided plaintiffs with more leverage to negotiate settlement of such claims. [read post]
13 May 2023, 6:14 am
Plaintiff alleges that (1) Defendant breached its duty when it failed to adequately notify Plaintiff of premium changes, the Policy’s alleged depleted cash value, and the Policy’s pending lapse; (2) Defendant breached its duty by failing to proceed with automatic withdrawals until Plaintiff was notified of the deficit and given an opportunity to make the requisite payment; and (3) Defendant breached its duty when it… [read post]
13 May 2023, 3:00 am
According to the plaintiffs, though, the retailer had not sold items at the advertised crossed-out price during that three-month period. [read post]
12 May 2023, 7:50 pm
And failure to do so may give rise to a property owner’s right to take legal action in civil court. [read post]
12 May 2023, 6:54 pm
If the deed is held in tenancy by the entirety by two spouses, there is a right of survivorship and the house cannot be sold if the one of the spouse’s gets sued. [read post]
12 May 2023, 4:57 pm
Nonetheless, the Court of Appeal’s opinion does helpfully clarify the nature and role of real parties in interest in writ actions generally (including, but not limited to, CEQA writ actions), as well as the operation of the anti-SLAPP statute in the somewhat unusual context where a project opponent is named in a CEQA action by a project proponent plaintiff seeking to overturn a lead agency’s project denial and related CEQA determination in court. … [read post]
12 May 2023, 3:51 pm
In other words, under comparative negligence rules or modified comparative fault, a plaintiff’s award of damages is reduced by an amount commensurate to that plaintiff’s degree of fault. [read post]
12 May 2023, 2:54 pm
" But Barrett disagreed with Gorsuch, Sotomayor, and Kagan that the plaintiffs "failed to allege a substantial burden on interstate commerce. [read post]
12 May 2023, 1:15 pm
In addition, the ability for the plaintiff’s lawyers to reduce the overall amount of work that they need to put into each case, there will be more incentives to take on work that they might otherwise not consider. [read post]
12 May 2023, 12:54 pm
Fifth Circuit: The state-legislator defendants need to explain why the documents plaintiffs seek are protected by legislative privilege. [read post]
12 May 2023, 11:45 am
” The court found that “contemporary scientific consensus” was so “ill-defined [that] physician plaintiffs are unable to determine if their intended conduct contradicts [it]. [read post]
12 May 2023, 10:50 am
The trial court also assessed damages against plaintiff and Rule 11 sanctions against plaintiff’s attorney. [read post]
12 May 2023, 8:31 am
The test was positive for cannabis, resulting in the plaintiff”s immediate suspension. [read post]
12 May 2023, 6:31 am
Plaintiff points to no duty that would require LVHN to pay a ransom to a Russian criminal gang in contravention of guidance from law enforcement. [read post]
12 May 2023, 5:55 am
Fraser and several other plaintiffs in that age bracket challenged the constitutionality of the federal law and asked it be voided. [read post]
12 May 2023, 5:11 am
“Contrary to the court’s determination, plaintiff’s claim for legal malpractice was not barred by the three-year statute of limitations (CPLR 214[6]). [read post]
12 May 2023, 4:45 am
In terms of discrimination, on their face, the plaintiff’s religion wouldn’t seem to motivate any of these problems at work. [read post]
12 May 2023, 4:19 am
Whether Defendant’s delay in payment actually impacted Plaintiff’s ability to repair or replace the Property is a disputed issue of fact. [read post]
12 May 2023, 4:00 am
The third and final element is that the failure to exercise reasonable care caused the plaintiff’s injuries. [read post]
12 May 2023, 3:13 am
Here’s Kevin LaCroix at D&O Diary: The U.S. [read post]
