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3 Jun 2019, 1:50 pm
Generally, a plaintiff cannot rely on speculation and must present some evidence indicating that the defendant’s actions were the cause of the plaintiff’s injury. [read post]
Defendant of Frivolous Lawsuit is Entitled to Award of Pre-Judgment Interest on Attorneys' Fee Award
14 Feb 2011, 7:42 am
The magistrate judge recommended granting defendant's motion for pre-judgment interest despite plaintiffs' argument that such an award would constitute "piling on. [read post]
16 Jun 2023, 6:00 am
The plaintiff's remaining contention is without merit. [read post]
16 Jun 2023, 6:00 am
The plaintiff's remaining contention is without merit. [read post]
12 Mar 2010, 7:10 am
Sony Computer Entertainment of America, Inc., Case No. 08-cv-012350MHP.Bissoon-Dath and a fellow plaintiff are screenwriters who previously accused Sony of copying elements of several of the plaintiff’s stories in developing Sony’s God of War video game.In considering this motion for summary judgment, the court evaluated the plaintiffs’ claims for copyright infringement to determine whether “no reasonable juror could find… [read post]
2 Nov 2018, 2:47 am
The Court noted that “extraordinary cause” is not defined in the HCLA, but that it “might include illness of the plaintiff’s lawyer, a death in that lawyer’s immediate family, or illness or death of the plaintiff’s expert in the days before the filing became necessary. [read post]
11 Apr 2007, 6:59 am
Berwick's attorneys. [read post]
10 Nov 2019, 5:31 pm
Defendants moved to dismiss, asserting that the court should reject plaintiff’s DMCA cause of action for failure to state a claim for which relief may be granted because copyright registration, which plaintiff admits it lacks, was a prerequisite for bringing suit under this provision of the DMCA. [read post]
15 Nov 2019, 12:40 pm
In this case, the plaintiff appealed the Superior Court’s determination to the Appeals Court of Massachusetts. [read post]
28 Sep 2022, 7:48 am
The court noted that the specifics of the situation drive the determination of plaintiff’s claim, including the time, place, and circumstances of her fall. [read post]
27 Jul 2012, 6:19 pm
In California, two recurring scenarios appear in the unpublished opinions on punitive damages: (1) the court reverses a punitive damages award because the plaintiff obtained a default judgment but did not provide the defendant with adequate notice of the amount of punitive damages the plaintiff was seeking, or (2) the court reverses a punitive damages award because plaintiff failed to introduce meaningful evidence of the defendant's financial condition. [read post]
9 Sep 2019, 3:19 am
Aug. 9, 2019), plaintiffs filed suit on behalf of decedent’s family members after decedent died while dining at a Benihana restaurant. [read post]
16 Feb 2011, 7:27 am
Plaintiff's patent claims for a computerized system for tracking insurance policies were invalid for failing to claim patentable subject matter. [read post]
27 Aug 2011, 8:48 pm
The court ruled that the plaintiff's claim should be dismissed, as the allegations did not set forth a claim that the defendants had violated New York statutes concerning the licensing of ticket resellers. [read post]
7 Sep 2022, 8:09 am
Amalgamated Bank's request to be appointed co-lead plaintiff was rejected by the court because it would be inappropriate to do so where the plaintiffs did not file a joint motion and because the use of co-lead plaintiffs would unnecessarily increase attorney fees.The court accordingly appointed Oklahoma Firefighters as lead plaintiff. [read post]
13 Oct 2009, 7:52 am
On Friday we filed for summary judgment on behalf of Showing Animals Respect and Kindness (SHARK), which is challenging the Fish and Wildlife Service’s (FWS) refusal to release records concerning a well-known country singer’s use of a bow and arrow to kill a captive bear – named “Cubby” – in a fenced enclosure. [read post]
10 Oct 2008, 8:05 am
In such cases, a wrongfully terminated employee's failure to accept a job offer solely because it requires moving to a different location may be held to be a failure to mitigate damages. [read post]
3 Sep 2015, 7:16 am
§ 285 and rejected plaintiff's argument that defendant over-staffed its case with higher level attorneys. [read post]
22 Jun 2018, 7:23 am
The court granted defendant's motion to transfer for improper venue and rejected plaintiff's argument that defendant waived its venue challenge. [read post]
25 Nov 2015, 8:00 am
”Is the Plaintiff’s statement hearsay? [read post]