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25 Aug 2016, 12:43 pm
The Defendant’s Attempt to Enforce the Limitations Period Fails In response to the plaintiff’s underinsured motorist claim, the defendant argued that the plaintiff’s insurance policy required any claims to be filed within three years of an accident and that the plaintiff’s complaint could not proceed. [read post]
20 Jan 2016, 2:15 pm
Justice Ginsburg, writing for the majority, pointed to Justice Kagan’s words from her dissent in an earlier case: “When a plaintiff rejects such an offer – however good the terms – [the plaintiff’s] interest in the lawsuit remains just what it was before. [read post]
26 Mar 2020, 11:55 pm
In the plaintiff’s application for leave to proceed, is the cou [read post]
23 Sep 2009, 11:10 am
" I know, DC doesn't have all that many consumers, but the CPPA allows injunctive relief, which is often all that's needed to stop a deceptive practice that's going on all across this great country. [read post]
17 Apr 2009, 12:16 am
Defendants were entitled to summary judgment on plaintiff's damages theory that sales of ink and toner were convoyed with sales of defendants' accused multi-function (print, scan, fax, copy) machines and therefore should be included in the reasonable royalty calculation. [read post]
24 Jul 2021, 11:02 am
On appeal, the court reviewed several of the plaintiff’s arguments, including that the lower court erred in excluding portions of the medical examiner’s autopsy report and the plaintiff’s experts’ opinions regarding the driver’s identity. [read post]
5 Oct 2016, 6:32 am
It was filed in 1999 and went to the Court of Appeals twice before going to trial in 2015, resulting in a plaintiff's verdict. [read post]
13 May 2021, 5:22 pm
The Plaintiff’s Harm It is reported that the plaintiff was an adult camper at a camp owned by the defendants. [read post]
21 Dec 2009, 7:34 am
In a complaint filed in United States District Court, (Central District (Los Angeles)), Plaintiff Dr. [read post]
11 Apr 2017, 12:38 pm
In today’s case (Bains v. [read post]
22 Jan 2018, 6:08 am
Unknown to her, plaintiff's picture was sold to Getty Images, which compiles and sells stock photos. [read post]
11 Jun 2008, 1:47 pm
The complaint pleads that the law firms representing plaintiffs mishandled the Vioxx settlement, failing to provide money to cover lien rights of ERISA health plans.Given Bexis' firm's involvement in the case (on the defense side, naturally, and so not involved in this new litigation), we'll say no more on this subject.But here's a link to the Legal Newline article about the new case, and a hat tip to Pharmalot. [read post]
25 Oct 2009, 3:44 pm
Goldman's.] [read post]
8 May 2018, 9:51 am
If a plaintiff’s notice is insufficient, a court may reject the plaintiff’s claim. [read post]
5 Dec 2011, 3:30 am
Bayer Corp., 610 F.3d 390, 393 (7th Cir. 2010), which held that “by excluding cases in which the claims were consolidated on a defendant’s motion, Congress appears to have contemplated that some cases which could have been brought as a mass action would, because of the way in which the plaintiffs chose to structure their claims, remain outside of CAFA’s grant of jurisdiction. [read post]
25 Sep 2011, 11:21 am
In last week’s case (Nerval v. [read post]
27 Feb 2019, 9:35 am
The defendants filed a motion to dismiss the plaintiff’s complaint due to the plaintiff’s failure to file a certificate of good faith along with her complaint. [read post]
31 Aug 2022, 10:30 am
Under Florida law, if a plaintiff in a worker’s compensation case significantly departs from the physician’s course of prescribed treatment, that plaintiff’s employer may not be responsible for compensating him after an injury. [read post]
14 Aug 2023, 4:34 pm
According to the court: The MEPA Limitation is unconstitutionally contributing to the depletion and degradation of Montana’s environment and natural resources and contributing to Plaintiffs’ injuries. [read post]
26 Mar 2018, 9:21 am
Additionally, the court had to determine if the plaintiff’s potential negligence in bringing about her own injuries should factor into the jury’s decision. [read post]
