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20 Oct 2021, 9:10 am
If a plaintiff proves that the defendant’s actions caused financial losses or other forms of harm, a court may award damages to the plaintiff. [read post]
10 Apr 2018, 1:11 pm
The amount received by any individual claimant will vary depending on the individual claimant’s farming, grain handling, or ethanol production operations and will be determined through a claims process. [read post]
14 Apr 2015, 7:14 am
Following summary judgment of inequitable conduct, the court sanctioned plaintiff's counsel under 28 U.S.C. [read post]
8 Jul 2014, 7:19 am
He alleges that one of the company's co-founders, who was also a corporate director and officer, instructed him on March 14, 2012 to begin adding Bible quotes to "The Morning Coffee" the following day. [read post]
14 Dec 2020, 3:36 pm
Despite the plaintiff’s objection to the motion, the trial court sided with the defendants and dismissed the plaintiff’s case. [read post]
2 Jul 2017, 6:22 am
During the surgery, the plaintiff’s ureter was severed, resulting in her sustaining serious injuries. [read post]
12 Dec 2018, 4:20 am
To show proximate causation, the plaintiff must present either direct or circumstantial evidence that the property at issue was a source of the plaintiff’s exposure to lead, that such exposure contributed to the plaintiff’s elevated blood lead levels, and that the increase in blood lead levels was substantial enough to contribute to the plaintiff’s injuries. [read post]
20 Aug 2016, 1:13 pm
To prove that a defendant’s property caused a plaintiff’s lead exposure, the plaintiff must establish that the property contained lead-based paint and that the lead-based paint at the property was a substantial contributor to the plaintiff’s exposure to lead-based paint. [read post]
17 Apr 2009, 1:21 pm
Any further complaint of pain in the fall of 2006 is not supported by the objective evidence of the plaintiff's rather strenuous activities. [read post]
30 Nov 2012, 4:00 am
The district court had dismissed, for lack of standing, the plaintiff’s class action complaint seeking statutory damages for the bank’s alleged violation of the Electronic Funds Transfer Act requirement that notice of an ATM fee must be posted on the machine. [read post]
14 Feb 2019, 7:25 am
Thus, the Court granted the employer’s motion to decertify the collective action due to this dissimilarity between the employees. [read post]
21 Dec 2015, 11:25 am
The Brother was Initially Left out of the Case At the initial filing of the case, the only plaintiffs included were the decedent’s mother and sister. [read post]
30 Jul 2018, 1:11 pm
Although the plaintiff’s own medical witness stated that the plaintiff’s condition was aggravated by the accident, it was the jury’s job to judge the credibility of the witnesses and determine the weight to be given to conflicting testimony. [read post]
17 Jul 2022, 3:56 am
Court of Appeals for the Eleventh Circuit recently affirmed a trial court’s attorney fee award that reduced the prevailing plaintiff’s requested fees by over 75%, ruling that the trial court did not abuse its discretion. [read post]
9 Oct 2011, 9:47 am
At "Torts Today," George Conk (Fordham) is reporting that the First Circuit upheld a plaintiff's verdict in a case in which a table saw lacked instant braking "saw stop" technology. [read post]
31 Jul 2019, 9:56 am
In such cases, the court can preclude the plaintiff’s recovery if the defendant can establish that the plaintiff was more than 50 percent at fault for the accident and their injury occurred when they were under the influence of drugs or alcohol or their blood or breath alcohol level was .08 or higher. [read post]
12 Mar 2014, 6:00 am
” Here, Plaintiff’s work was the ship’s work. [read post]
1 Apr 2019, 6:26 pm
The defendant in the case removed the plaintiff’s wisdom teeth. [read post]
9 Jun 2011, 10:02 am
Summary judgment against the plaintiff’s warning-based claims was affirmed where “plaintiff's deposition testimony was clear that he had not read defendant manufacturer’s warnings until after he had stopped using [the drug] and [read post]
19 May 2008, 7:44 am
CIV.A. 9:06CV259) Judge: Ron ClarkHolding: Plaintiff's Motion for Summary Judgment on Inequitable Conduct GRANTEDPlaintiff Grantley Patent Holdings, Ltd. moved for summary judgment on the inequitable conduct claims advanced by Defendants, arguing that defendants had produced no evidence of materiality or intent to deceive. [read post]