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6 Jul 2020, 6:01 am
The radiology report on a subsequent CT scan noted a “tubular structure” within plaintiff’s abdominal cavity, but plaintiff’s treating physician “did not read the reference to the foreign object. [read post]
4 Jun 2021, 12:20 pm
One tactic to defeat a class action is to assert that the named plaintiff is not an appropriate or proper representative for the class. [read post]
9 Oct 2017, 12:02 pm
Specifically, an accident victim must be able to show that the property owner knew or should have known about the hazard that caused the plaintiff’s injury. [read post]
27 Aug 2017, 5:15 am
That’s not a huge damages award in the grand scheme of trademark damages ordered around the world but reports indicate that the damages in this cases were the most ever handed out by a Chinese court to a foreign plaintiff for trademark infringement allegations. [read post]
20 Nov 2008, 11:39 am
Supp. 714 (E.D.N.C. 1997), Plaintiff's conduct demonstrates that it intended to be bound by the Subcontracts, including the Arbitration Clause. [read post]
13 Aug 2024, 11:19 am
" In support of this argument, plaintiffs cite the Fifth Circuit's decision in Doe v. [read post]
29 Jun 2015, 2:16 pm
In today’s case (No Limits Sportswear Inc v. 0912139 BC Ltd) the Plaintiff sought to read in evidence at trial of their former employee who was questioned at discovery as a representative of the Plaintiff. [read post]
26 Nov 2016, 6:48 pm
” Plaintiff sought fees of $1,317,026.85. [read post]
2 Aug 2017, 6:07 pm
The plaintiffs alleged that the defendant buried the victim’s remains in order to conceal his wrongdoing. [read post]
20 Jul 2023, 9:55 am
The district court found a violation of Aponte’s due …The post Plaintiff can pursue punitive damages related to his unlawful state supervision appeared first on Federal Defenders of New York Blog. [read post]
13 May 2019, 4:00 am
In the case below, we will see how the plaintiff’s case was rendered moot due to the court’s interpretation of a word. [read post]
4 Sep 2019, 4:45 am
Still unresolved are the type and timing of any communication required, which depends on the agreed-upon scope of defendant’s representation of plaintiff, and the point at which defendant, in the exercise of the requisite professional skill and knowledge, should have realized that plaintiff’s primary insurance coverage could be exhausted (see Shaya B. [read post]
2 Apr 2009, 7:40 am
Hilda Piloto Miami Partner Hilda Piloto, a member of Arnstein & Lehr's Litigation Practice Group and International Practice Group, is representing the plaintiffs of a $100 million Ponzi scheme. [read post]
8 Mar 2012, 1:11 pm
Nor did the court countenance the plaintiff’s attempt to rely on an unauthenticated hearsay statement to shore up its defective claims. [read post]
5 Nov 2017, 9:54 am
Ultimately, citing Defendant’s “piecemeal” production and the desire to “facilitate the speedy and efficient conclusion of jurisdictional discovery” the court indicated it would grant Plaintiffs’ motion. [read post]
28 Jul 2021, 11:19 am
The plaintiff alleged in a subsequent federal court complaint that her uncle had misappropriated over two hundred thousand dollars in settlement money that was wired from the plaintiff’s wrongful death counsel to him. [read post]
17 Apr 2013, 4:59 am
Nor can a defendant’s attempt to obtain settlement insulate such a claim from review, for a full settlement offer addresses plaintiff’s alleged harm by making the plaintiff whole. [read post]
26 Sep 2015, 9:13 am
For the second time in the past few years, a federal court has awarded attorneys’ fees to a defendant accused of violating the ESA, “when the plaintiff’s claims are frivolous, unreasonable, or without foundation, or when the plaintiff has continued to litigate after they have clearly become so. [read post]
7 Jul 2017, 7:45 am
The employer eventually filed a Motion for Summary Judgment and argued for dismissal of the case based on the plaintiff’s inability to meet his burden of proof with respect to causation of his injuries. [read post]
7 Jul 2017, 7:45 am
The employer eventually filed a Motion for Summary Judgment and argued for dismissal of the case based on the plaintiff’s inability to meet his burden of proof with respect to causation of his injuries. [read post]