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28 Jun 2021, 12:35 pm
Miceli reviewed the “extensive case materials,” including the discovery and medical records, and interviewed S.T. twice in person and once over the telephone. [read post]
17 Apr 2010, 5:24 am
NASCO, Inc., 111 S.Ct. 2123, 2133 (1991) (court may per inherent power assess attorneys fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive purposes); Roadway Express, Inc. v. [read post]
24 Feb 2011, 7:13 am
., Inc. v. [read post]
9 May 2007, 1:34 pm
As defense attorneys, we don't like aggregated litigation - particularly attempts to try cases on an aggregated basis (there are some efficiencies in aggregated discovery, if done right, that we think are beneficial). [read post]
8 Apr 2019, 8:10 am
Requires massive discovery and tech knowledge. [read post]
28 Mar 2010, 9:40 pm
In a special report released today by iBusiness Reporting ('http://www.ibizreporting.com') - a division of the Fraud Discovery Institute Inc., former Los Angeles Times journalist William Lobdell details stunning allegations made by about 20 original investors in what is now InterOil. [read post]
29 Aug 2016, 1:19 pm
Taking the medication after these warnings and information are publicly available constitutes informed consent per the letter of the law, which defines it as: “Permission granted in the knowledge of the possible consequences, typically that which is given by a patient with knowledge of the possible risks and benefits. [read post]
14 Feb 2009, 11:56 am
This post is by my colleagues Gail Lees, Andrew Tulumello, Chip Nierlich, Mark Whitburn and Chris Chorba. [read post]
3 Apr 2023, 6:39 am
Alternatively, after discovery, the defendant may move for summary judgment, arguing that there isn't enough credible evidence of knowing or reckless falsehood. (3) The court ought to at that point apply New York Times, notwithstanding the new Florida rule, because the new Florida rule is inconsistent with settled federal constitutional law; and if there isn't enough to show knowing or reckless falsehood, it ought to throw out the lawsuit. [read post]
30 Jan 2008, 6:28 am
At bottom, any decision on the merits made by this court - whether it be a pre-trial assessment of the likelihood of success on the merits or the ultimate ruling after full trial - may not be meaningful without the benefit of the Supreme Court's ruling in Baze. [read post]
17 Jan 2015, 9:54 am
Aren’t allegations enough, with proof coming later through discovery? [read post]
3 Mar 2009, 5:55 am
" In reviewing this issue, the court noted that the purpose of a policy's EUO condition is to enable the insurer to obtain all knowledge and facts concerning the cause of the fire and the loss involved while the information is still fresh in order to protect itself from false and fraudulent claims; that the right to examine under the cooperation clause of an insurance policy is much broader than the right of discovery under the CPLR; that an insurer is permitted to ask,… [read post]
29 Apr 2019, 7:16 am
BWP conducted minimal discovery. [read post]
19 Sep 2017, 3:55 pm
A complaint filed last December against Starwood Hotels & Resorts Worldwide, Inc. illustrates this point. [read post]
16 Aug 2010, 4:00 am
The question, upon which turns the non-petitioning shareholders' right to enforce a book-value buyout provision in the shareholders' agreement, lies at the heart of a multi-faceted ruling earlier this month in Matter of Piekos (Home Studios Inc.), 2010 NY Slip Op 51408(U) (Sup Ct Westchester County Aug. 3, 2010). [read post]
26 Jul 2023, 9:01 pm
”[22] Even if the commenter’s estimate is too high because the rule has been pared back from the proposal, the direct costs of disclosure are likely to be higher than the Commission’s estimated costs, such as the aggregate annual $16 million in professional costs for all affected filers.[23] Costs likely will be disproportionately high (and the benefits may be disproportionately low)[24] for investors in small public companies,[25] for which the Commission has provided… [read post]
30 Dec 2020, 4:27 pm
All of us at Abbott & Kindermann, Inc., wish all of you a happy, healthy, and fruitful 2021. [read post]
23 Dec 2015, 6:50 am
’ Beckett responded: `I do this in hopes that others may benefit from trusting avoiding corrupt individuals . . . [read post]
Review of the Effects of the Leahy-Smith America Invents Act on Third Party Participation Applicants
1 Feb 2012, 9:15 am
Thus, the new prior user defense will likely benefit those users who are performing experimental or pre-commercial uses as opposed to those users who are actually commercializing the invention. 35 U.S.C. [read post]
9 Dec 2020, 2:13 pm
Inc., Equifax, Inc., are well covered events in the news. [read post]
