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7 Mar 2007, 10:50 am
Id.Reversing the district court's decision, the court held that a Walker-Process claim may be based on enforcement activity directed at the plaintiff's customers, as opposed to the plaintiff. [read post]
25 Aug 2009, 6:00 am
I think I found it (finally) in last month's decision by the Ninth Circuit in Moss v. [read post]
17 Dec 2019, 2:13 pm by Matthew Vance
  The court sided with the defendant, explaining that there was no indication in the plaintiffs original complaint or the response to the motion to dismiss demonstrating that the employer received notice, or that it reasonably should have understood that the plaintiff intended to file an amended complaint to include claims against it. [read post]
22 Aug 2008, 11:07 am
The judge ruled that "defense counsel’s objection is devoid of any specificity to constitute good cause. [read post]
21 Apr 2014, 7:08 am by Docket Navigator
Defendants had sued a number of [plaintiff's] customers, based in part on their use of the Android platform developed by [plaintiff]. [read post]
4 Jan 2016, 9:51 am by emagraken
Where the defence asserts that the plaintiff may have exaggerated her injuries, steps taken by the plaintiff at the request of the defence may be relevant. [15]        Even if there were for closing argument an agreed stipulation of the plaintiffs attendance at the independent medical examination, I would prefer that the evidence be led as part of the plaintiffs case. [read post]
16 Aug 2016, 8:55 am by Lebowitz & Mzhen
As a result, the plaintiffs case will not proceed toward trial, and she will be prevented from seeking compensation for her injuries. [read post]
25 Apr 2019, 4:02 pm by umbrella
” The defendant, meanwhile, argued the plaintiffs injuries from the 2008 accident should have been resolved well before the 2011 accident. [read post]
13 Feb 2009, 10:30 am
The jury ruled that the plaintiff's husband, Stuart Hess, a longtime chain smoker, was addicted to nicotine before he died of lung cancer. [read post]
In response, the apartment company filed a motion for summary judgment and a motion to strike the plaintiffs expert report. [read post]
27 Jan 2017, 12:35 pm by Benjamin S. Persons, IV
The judge may decline an award, however, if the defendant’s original offer “was not made in good faith. [read post]
5 Apr 2007, 12:14 am
Hunter is precluded by the Constitution's "speech and debate" clause and that the information sought in both depositions-- the subjective motivation of legislators-- is not relevant to plaintiff''s Establishment Clause claim. [read post]
4 Jan 2024, 12:06 pm by Eric Goldman
” “Plaintiffs timing in filing and dismissing its lawsuit suggests an improper purpose….Plaintiffs delay in filing the TRO undercuts its supposed urgency, suggesting instead that Plaintiff timed its filing to sideline its competitors during a busy sales season. [read post]
26 Dec 2016, 5:00 am by Daniel E. Cummins
.), the Commonwealth Court reversed the trial court's sustaining of the defendant's Preliminary Objections in a trip and fall case filed against a governmental agency.The trial court sustained the defendant's preliminary objections which asserted that the Plaintiff's failed to comply with the six month notice requirement under 42 Pa.C.S.A. [read post]
11 Sep 2009, 12:22 am
Plaintiffs' conduct also delayed Defendant's investigation into Plaintiffs' standing and the overall progress of this case, which warrants a finding of bad faith. [read post]
1 Mar 2010, 6:02 am
So for plaintiffs and their lawyers, it's important not to start a fight precipitously. [read post]
20 Mar 2018, 7:34 am by Jeffrey Karek
Court of Appeals for the Sixth Circuit held that a plaintiff asserting only a bare violation of the federal Fair Debt Collection Practices Act (FDCPA) failed to identify a cognizable injury traceable to the defendant’s alleged conduct, and therefore failed to demonstrate Article III standing. [read post]
21 Aug 2016, 9:11 am by Walter Olson
[New Orleans Times-Picayune] Tags: competition through litigation, humor, Louisiana, restaurants “Plaintiffs are only allowed one bite at the sno-ball. [read post]