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11 Oct 2023, 8:47 am by Allan Blutstein
.) -- determining in relevant part that: (1) EOIR could not deny requests seeking all records about certain third parties as unreasonably described, because plaintiff included requests for more specific items and EOIR did not assert that a search would require unreasonable effort; and (2) plaintiff’s request for screenshots of certain information contained in an agency database was readily reproducible and would not constitute the creation of new records.Summaries of… [read post]
13 May 2024, 7:16 am by Unknown
Last August, in a 2-1 decision, the appellate panel revived some claims alleging that the defendants fraudulently downplayed the extent to which Nvidia’s gaming revenues relied on the demand for cryptocurrency. [read post]
Dec. 29, 2023)To state a claim for unjust enrichment, a plaintiff must adequately plead: (1) an enrichment; (2) an impoverishment; (3) a relation between the enrichment and impoverishment; and (4) the absence of a justification. [read post]
11 Apr 2022, 7:10 am by Jenna Tersteegen
The Massachusetts Supreme Judicial Court, the state’s highest court, recently held that (1) the attorney for a named putative class plaintiff who is deceased does not have authority to act on behalf of the deceased plaintiff absent a motion by the deceased’s legal representative; and (2) in limited circumstances, trial courts may sua sponte order notice to putative class members prior to certification only when absent notice the putative class members… [read post]
20 Jan 2016, 7:44 am by Steven Cohen
 Part 2 continues with the additional challenges to the numerous expert witnesses called in this case. [read post]
24 Jul 2015, 6:48 am by Docket Navigator
LG Electronics Mobilecomm USA, Inc., 2-13-cv-00947 (TXED July 22, 2015, Order) (Payne, M.J.) [read post]
24 Jan 2018, 11:47 am by Eric Beasley
In this case, J.P. was injured after she was involved in an accident caused by B.L. on February 2, 2015. [read post]
25 Apr 2016, 10:24 am by Steven M. Sweat
Plaintiff introduces the eggshell plaintiff rule into the case One of the doctors who testified on behalf of the plaintiff characterized her as having an “abnormal brain” prior to the accident. [read post]
19 Jul 2011, 6:11 am by Michelle Yeary
   As we know, courts vary on (1) whether a physician is a necessary and indispensable party in a product liability action against a drug manufacturer and (2) whether a district court may sever a dispensable non-diverse party to preserve diversity jurisdiction in an action that has been removed.Id. at *22. [read post]
20 May 2015, 7:21 am by Docket Navigator
"[Plaintiff] told the jury that: (1) another jury found the [patent] valid; (2) the Federal Circuit affirmed that verdict; and (3) as a result, [a third party] paid over $500 million dollars to [plaintiff]. . . . [read post]
19 Jul 2023, 6:16 am by Second Circuit Civil Rights Blog
Here, while NYCHA says plaintiff was fired for poor performance, the record shows that (1) plaintiff was threatened with termination after she misplaced her keys, but other employees who did the same were not similarly threatened, (2) supervisor Ramos and other employees made racist and sexist comments toward plaintiff when she requested not to work overtime on Christmas to facilitate a child custody visit, but another supervisor did nothing about this when she… [read post]
7 May 2021, 3:34 am by R. David Donoghue
The case was different in two important respects: 1) plaintiff sought to file anonymously; and 2) the asserted IP was a design patent, instead of a trademark. [read post]
28 Jan 2016, 3:47 pm by Daniel E. Cummins
   The Plaintiff alleged a serious neck injury that required two (2) separate surgeries. [read post]
1 Sep 2011, 5:00 am
Courts have long held and plaintiffs in patent cases have come to rely on the fact that a court may exercise specific personal jurisdiction over the defendant if "(1) the defendant purposefully directed its activities at residents of the forum, (2) the claim arises out of or relates to those activities, and (3) assertion of personal jurisdiction is reasonable and fair. [read post]