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26 Apr 2024, 7:50 am
This exception is a crucial legal nuance that can overturn the traditional protections afforded by the “open and obvious” doctrine, offering a lifeline to plaintiffs who might otherwise have limited recourse. [read post]
26 Apr 2024, 7:03 am
.) -- in case concerning agency’s denial of market approval for plaintiff’s e-cigarette products, concluding that: (1) agency properly relied on Exemption 5’s deliberative process privilege to withhold certain review memos drafted by agency scientists, as well as one “Technical Project Lead” review memo, but ordering FDA to review records submitted in camera that appeared to contain “purely descriptive” material; and (2) FDA established that… [read post]
26 Apr 2024, 7:00 am
"Plaintiff brought a nearly identical suit in Supreme Court, raising claims over which the federal district court declined to exercise supplemental jurisdiction. [read post]
26 Apr 2024, 7:00 am
"Plaintiff brought a nearly identical suit in Supreme Court, raising claims over which the federal district court declined to exercise supplemental jurisdiction. [read post]
26 Apr 2024, 7:00 am
Flaum, Jesse LempelGoodwin Procter In a narrow but potentially significant decision, the Supreme Court has held that securities-fraud plaintiffs cannot recover based on a “pure omission” from a company’s public statements under the most common legal basis for private securities lawsuits, the SEC’s Rule 10b-5(b). [read post]
26 Apr 2024, 6:00 am
Plaintiff’s shoe got caught on the mat and plaintiff fell, injuring herself. [read post]
Court Denies Summary Judgment For Defendant Claiming Immunity Under the Mental Health Procedures Act
26 Apr 2024, 5:00 am
According to the Opinion, the Plaintiff’s decedent sought emergency room treatment for symptoms allegedly stemming from his alleged recent drug use. [read post]
26 Apr 2024, 4:30 am
Will the plaintiffs succeed? [read post]
26 Apr 2024, 3:51 am
“This matter arises from plaintiff Stephen R. [read post]
26 Apr 2024, 3:45 am
While remedial orders correct the injustices plaintiffs have suffered and thereby restore plaintiffs’ moral equality, they also allow wrongdoers to publicly acknowledge their transgressions and affirm their commitment to equal justice under law. [read post]
26 Apr 2024, 1:36 am
Insurance contracts do, however, often alter this position and give immediate recovery rights. 2 The rights asserted in the recovery are those of the insured, not the insurer. 3 The insured should be involved in the recovery process, as it will usually feature as the plaintiff who may have a stake in the recovery and will therefore need to participate in the process (for example, discovery, testifying etc). [read post]
26 Apr 2024, 12:15 am
The Supreme Court also found that substantial evidence did not support the "fraud or injustice" element because it was unclear how recognition of the LLC would have result in an injustice to the plaintiff. [read post]
25 Apr 2024, 3:10 pm
., Case No. 3:23-cv-00770-RFL, to support plaintiff Derek Mobley’s (“Mobley”) motion to dismiss. [read post]
25 Apr 2024, 3:10 pm
., Case No. 3:23-cv-00770-RFL, to support plaintiff Derek Mobley’s (“Mobley”) motion to dismiss. [read post]
Breaking Down the Legal Challenges Surrounding State Licensure Restrictions for Telehealth Providers
25 Apr 2024, 2:20 pm
The plaintiffs claimed that New Jersey’s licensure restrictions on the use of telehealth were unconstitutional as they infringe on basic civil rights everyone has and therefore should be struck down. [read post]
25 Apr 2024, 1:46 pm
At which point, Plaintiff’s attorney admitted to having used ChatGPT. [read post]
25 Apr 2024, 1:21 pm
The trial court denied the defendant doctor’s motion and granted the plaintiff’s cross-motion. [read post]
25 Apr 2024, 9:48 am
Plaintiff sued HIA for allegedly calling her twice without consent. [read post]
25 Apr 2024, 9:46 am
Valeant’s Cert Petition In its cert petition, Valeant raises two questions: The False Claims Act’s public disclosure bar plays the critical role of preventing “parasitic” qui tam lawsuits filed by plaintiffs who “learn of the fraud through public channels. [read post]
25 Apr 2024, 9:36 am
The plaintiff accepted the dare and submerged his right hand in the pitcher. [read post]
