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3 May 2023, 8:44 am
” Accordingly, as the plaintiffs alleged “that Amazon itself extracts voiceprints and uses them to authenticate callers, all without informed consent,” the court denied Amazon’s motion to dismiss on this count of the plaintiffs’ complaint. [read post]
3 May 2023, 8:00 am
THE PLAINTIFF’S INJURIES WEREN'T “SERIOUS”After a car accident, M.B. filed a personal injury case against the defendants in Suffolk County Supreme Court seeking to recover damages.But when the defendants moved for pre-trial dismissal in their favor -- claiming that M.B. hadn’t suffered a “serious injury,” as defined by the state’s Insurance Law -- the judge granted that request.On appeal, the Appellate Division, Second… [read post]
3 May 2023, 7:50 am
The Delano Farms court stated the charge of inequitable conduct would survive “only if the plaintiff’s complaint recites facts from which the court may reasonably infer that a specific individual both knew of invalidating information that was withheld from the [US]PTO and withheld that information with a specific intent to deceive the [US]PTO. [read post]
3 May 2023, 7:47 am
But, they held “when the plaintiff has violated a contractual obligation by filing suit in a forum other than the one specified in a valid forum-selection clause … [it] work[s] no injustice on the plaintiff. [read post]
3 May 2023, 7:39 am
Plaintiffs’ survey also didn’t distinguish the value of Peloton’s library of classes—a Peloton innovation—from the value of its purported “ever-growing” size. [read post]
3 May 2023, 7:38 am
In addition, the court rejected Young Living’s argument that the plaintiff alleged only lack of substantiation, not falsity. [read post]
3 May 2023, 7:18 am
In this case, the plaintiff claims that the G.C. failed to provide workers with a reasonably safe working environment and that the failure to provide a safe working environment resulted in asbestos exposure and, thus, the development of mesothelioma. [read post]
3 May 2023, 6:55 am
https://www.cadc.uscourts.gov/internet/opinions.nsf/27502D3F8763DBE38525899E004D4FFB/$file/21-7078-1996718.pdf Defendant’s “absence from” state in tolling statute means plaintiff cannot serve and state’s courts lack personal jurisdiction over defendant in spite of absence. [read post]
3 May 2023, 6:00 am
Here, the plaintiffs alleged that the defendants acted in concert to support the domestication of a trust (specifically, a GRAT) in Delaware for purposes of a larger tortious scheme. [read post]
3 May 2023, 6:00 am
S. [read post]
3 May 2023, 6:00 am
Plaintiffs asserted claims for breaches of fiduciary duty, aiding and abetting those breaches, breach of a trust agreement, and tortious interference with the trust agreement. [read post]
3 May 2023, 6:00 am
This decision allows plaintiffs to engage in jurisdictional discovery to determine whether the company's advisor acted as its de facto officer. [read post]
3 May 2023, 6:00 am
S’holders Litig., C.A. [read post]
3 May 2023, 6:00 am
Not because the plaintiff has no case, but because the legal standard guiding this dispute has a built-in barrier that increases the plaintiff's burden of proof.The case is Martinez v. [read post]
3 May 2023, 6:00 am
S. [read post]
3 May 2023, 5:45 am
254(2)(b) (now s. [read post]
3 May 2023, 5:00 am
The Pennsylvania Superior Court affirmed and held that the Plaintiff’s appointment as a personal representative of her late husband’s estate related back to her filing of the Complaint even though the Plaintiff did not apply to be the personal representative of the estate until two (2) months after the expiration of the statute of limitations. [read post]
3 May 2023, 5:00 am
In White, the plaintiffs brought ERISA claims against their employer, a hotel chain. [read post]
3 May 2023, 4:28 am
Plaintiff’s accident occurred on August 9, 2017 and the notice of claim was marked as received on November 8, 2017-ninety-one days from the date of plaintiff’s incident. [read post]
Pyramids of Escape: Independent Contractors and How They are a Threat to Your Accident Compensation.
3 May 2023, 4:00 am
Below is a cautionary tale about how cascading levels of independent contractors left an injured plaintiff with limited sources for his injuries. [read post]
