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16 Dec 2016, 3:17 am by Marie-Andree Weiss
Defendants are arguing instead that their works have no effect on the potential market, but instead “offer free promotional value to Plaintiffs (Defendant’s motion p. 19 and p. 20).They “do not act as a substitute for Plaintiff’s work. [read post]
5 Sep 2014, 10:53 am
  The plaintiff made a last ditch argument that he did not need an expert to prove causation because the product’s labeling itself stated that “[p]ostoperative fracture of bone graft . . . can occur due to trauma, the presence of defects, or poor bone stock. [read post]
24 Sep 2008, 6:15 pm
  The plaintiffs in this case, however, have trouble recognizing this. [read post]
14 Jul 2011, 4:16 pm by Edward X. Clinton, Jr.
"The plaintiff claimed that the lawyer failed to conduct an adequate inquiry into the value of certain real property at issue in the divorce. [read post]
20 Nov 2013, 7:31 pm
  In a very real sense, plaintiffs' have created their own hardships" (p. 26).So the transient nature of the works precludes injunctive relief ... but it doesn't preclude "potentially significant monetary damages if it is ultimately determined after trial that the plaintiffs' works were of 'recognized stature'" (p. 27). [read post]
29 Apr 2019, 10:01 pm by Doug Austin
P. 26, that they are not subject to a privilege claim just because plaintiff’s counsel’s telephone number may appear in the records and that privacy issues are minimal to non-existent (since the at-issue records do not contain the substance of communications), ordered the plaintiff...Read the whole entry... [read post]
16 Apr 2015, 5:26 am
  As for the claimed off-label promotion, “[p]rescribing physicians had varied exposure to [defendant’s] marketing. [read post]
11 Mar 2021, 4:47 am by Daniel E. Cummins, Esq.
  P. (570) 319-5899E. dancummins@CumminsLaw.netResume and Fee Schedule available upon request. [read post]
13 Dec 2010, 12:41 am by John Day
Keelan, 840 P.2d 1070, 1074 (Colo. 1992) (“To the extent that either party received a windfall, it was considered more just that the benefit be realized by the plaintiff in the form of double recovery rather than by the tortfeasor in the form of reduced liability. [read post]
31 Oct 2011, 4:05 pm
You notice how I know the difference between plaintive and plaintiff? [read post]
13 Sep 2008, 6:20 pm
Now, the Court of Justice has addressed the issue in Joined Cases C-120/06 P and C-121/06 P FIAMM and FIAMM Technologies v Council and Commission. [read post]