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PSLRA Pleading Standards: SCOTUS to Hear NVIDIA Case
18 Jun 2024, 3:30 am by John Jenkins
” As to the falsity requirement, NVIDIA pointed out that two circuits have held that plaintiffs can’t satisfy the PSLRA’s pleading standards by substituting an expert opinion for particularized allegations of fact, so the 9th Circuit’s decision permitting plaintiffs to do that creates a split. [read post]
TheCorporateCounsel.net Blog - http://www.thecorporatecounsel.net/Blog/
No Exit: Stockholders Fail To Grant Leave To Leave Delaware For Nevada
18 Jun 2024, 12:15 am
The settlement payment was largely funded through D&O insurance proceeds, and the plaintiff’s counsel who filed the claims recovered a Fee and Expense Award of $4.4 million. [read post]
California Corporate & Securities Law - https://www.calcorporatelaw.com/
MEDICAL MALPRACTICE CLAIMS DISMISSED
17 Jun 2024, 11:00 pm
’s injuries or to explain how an earlier diagnosis would have made a difference – that is, how it would have “prevented or lessened plaintiff's injuries. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
What does "excusable neglect" mean under the Federal Rules?
17 Jun 2024, 12:46 pm by Second Circuit Civil Rights Blog
That phrase refers to circumstances beyond plaintiff's control. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
When an Accident Is Fatal, You Can Face Criminal Charges
17 Jun 2024, 11:52 am by Drew Cochran
In civil cases, the injured party (plaintiff) can seek compensation for damages caused by negligence through a lawsuit. [read post]
Drew Cochran Criminal Law Blog - https://www.drewcochranlaw.com/blog/
[Eugene Volokh] No Sealing of Documents in Lawsuit Alleging Prison Nurse's Falling Asleep Contributed to Inmate's Death
17 Jun 2024, 11:25 am by Eugene Volokh
She contends that these documents are not factually related to Michael Carey's death and that plaintiff's only motive in seeking to file them is to embarrass her. [read post]
The Volokh Conspiracy - http://www.volokh.com/
"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 NY2d 44, 49; see D.M. v Yonkers City Sch. Dist., 220 AD3d 672). "Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students" (Mirand v City of New York, 84 NY2d at 49; see R.B. v Sewanhaka Cent. High Sch. Dist., 207 AD3d 607, 609).
17 Jun 2024, 11:00 am by Public Employment Law Press
In [*2]opposition, the plaintiff failed to raise a triable issue of fact. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 NY2d 44, 49; see D.M. v Yonkers City Sch. Dist., 220 AD3d 672). "Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students" (Mirand v City of New York, 84 NY2d at 49; see R.B. v Sewanhaka Cent. High Sch. Dist., 207 AD3d 607, 609).
17 Jun 2024, 11:00 am by Public Employment Law Press
In [*2]opposition, the plaintiff failed to raise a triable issue of fact. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Eugene Volokh] Is Promotion of Free Services "Commercial Speech" for First Amendment Purposes?
17 Jun 2024, 10:33 am by Eugene Volokh
From today's decision by Judge William K. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Trade Secret Misappropriation Preliminary Injunction Reversed
17 Jun 2024, 10:02 am by Dennis Crouch
  On this point, the plaintiff will need to identify the particular information that was misappropriated and show that it was trade secret information protected by the DTSA. [read post]
Patently-O - https://patentlyo.com
What Is Res Ipsa Loquitur: Expert 2024 Guide
17 Jun 2024, 9:22 am by GR0
One common tactic is to argue that you, the plaintiff, played a role in causing the accident. [read post]
Schwartzapfel Lawyers Blog - https://www.fightingforyou.com/resource-center/
Supreme Court Agrees to Take Up Nvidia Securities Suit On Pleading Standards Issues
17 Jun 2024, 8:36 am by Kevin LaCroix
  Under the Ninth Circuit’s approach, a plaintiff can plead a Section 10(b) claim through a chain of speculative allegations and assumptions. [read post]
The D & O Diary - http://www.dandodiary.com/
Will Biometric Privacy Laws Undermine the Fight Against CSAM?–Martell v. X
17 Jun 2024, 8:25 am by Eric Goldman
The court sidesteps this defense on Twitter’s motion to dismiss because of 230(c)(2)(A)’s good faith requirement. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Toyota Class Action Lawsuit – Coolant Bypass Valve Issue
17 Jun 2024, 7:55 am by Michele Braverman
Two plaintiffs filed a class-action lawsuit claiming Toyota failed to disclose a coolant bypass valve defect for two popular models. [read post]
The Lemon Law Blog - https://thelemonfirm.com/blog/
Circumstantial evidence of car accident cause not sufficient.
17 Jun 2024, 6:05 am by The Law Offices of John Day, P.C.
While the tow truck was present, an unidentified driver left the roadway and struck plaintiff’s vehicle, injuring plaintiff, then fled the scene. [read post]
Day on Torts - http://www.dayontorts.com/
Appellate Division held employee sufficiently alleged that, due to his race and/or gender, his sexual harassment complaint was not taken seriously or appropriately investigated by the employer and he was disciplined more harshly than other employees
17 Jun 2024, 6:00 am by Public Employment Law Press
LaFia's alleged comments about plaintiff's race, in the context of her sexual harassment, signaled her discriminatory views on race in the workplace (Hernandez v Kaisman, 103 AD3d 106, 114-115 [1st Dept 2012]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Appellate Division held employee sufficiently alleged that, due to his race and/or gender, his sexual harassment complaint was not taken seriously or appropriately investigated by the employer and he was disciplined more harshly than other employees
17 Jun 2024, 6:00 am by Public Employment Law Press
LaFia's alleged comments about plaintiff's race, in the context of her sexual harassment, signaled her discriminatory views on race in the workplace (Hernandez v Kaisman, 103 AD3d 106, 114-115 [1st Dept 2012]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Johnson & Johnson Reaches $700 Million Settlement Over Talcum Powder Litigation
17 Jun 2024, 5:58 am by Rob Robinson
In April 2023, the company earmarked nearly $9 billion to settle claims, addressing concerns from over 60,000 plaintiffs. [read post]
ComplexDiscovery - https://complexdiscovery.com/
After-Acquired Cause Insufficient to Justify Termination of Employment
17 Jun 2024, 5:00 am by Written on behalf of Peter McSherry
Ultimately, the court held that the employee’s termination was in fact, wrongful. [read post]
Guelph Employment Law Blog - https://petermcsherry.ca/blog/
After-Acquired Cause Insufficient to Justify Termination of Employment
17 Jun 2024, 5:00 am by Written on behalf of Peter McSherry
Ultimately, the court held that the employee’s termination was in fact, wrongful. [read post]
Peter McSherry Blog - http://petermcsherry.ca/blog/