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5 Dec 2022, 6:00 am by The Law Offices of John Day, P.C.
Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. [read post]
26 Aug 2011, 7:28 am by The Docket Navigator
Defendant's motion to dismiss plaintiffs' infringement action for lack of personal jurisdiction was granted where defendant discovered that a relative of one of plaintiff's employees was the purchaser of defendant's product in the forum. [read post]
3 Feb 2010, 7:20 am by The Docket Navigator
The court denied plaintiff's motion for judgment on the pleadings as to defendant's inequitable conduct claim based on the theory that plaintiff buried relevant prior art among 597 other prior art references. [read post]
8 Dec 2008, 4:32 pm
But the plaintiffs have gotten much more sophisticated about this. [read post]
29 Oct 2020, 5:58 am by The Law Offices of John Day, P.C.
At a jury trial, plaintiff asserted that he was sitting in traffic when he was essentially t-boned by defendant in the driver’s door, and that defendant’s car then slid down the remainder of the driver’s side of plaintiff’s car. [read post]
19 Jun 2012, 5:55 am by Ken Shigley
This is the reverse of the practice a generation ago in which plaintiff lawyers would start out with talk about how badly the plaintiff was injured. [read post]
19 Oct 2020, 7:00 am by Nancy E. Halpern, D.V.M.
Plaintiffs must prove they have standing by a preponderance of the evidence. . . . [read post]
15 Aug 2008, 10:50 am
While not exclusively related to mass torts, the ABA reports on the results of a new study of civil suits from 2000-2005, which found that 61% of plaintiffs rejecting settlement offers fared worse at trial. [read post]
21 Aug 2007, 4:54 pm
Interesting article in the New York Times -- Plaintiffs Find Payday Elusive in Vioxx Cases, by Alex Berenson. [read post]
13 Nov 2014, 1:02 am by tortsprof
In most cases, the plaintiff is foreseeable, so on the exam I really don't... [read post]
13 Jan 2020, 4:13 am by tortsprof
Gregg Polsky has posted to SSRN Taxing Litigation: Federal Tax Concerns of Personal Injury Plaintiffs and Their Lawyers. [read post]
29 Dec 2015, 7:01 am by Docket Navigator
"[Defendant] asserts that [plaintiff] is a repeat bad-faith actor, pointing to sanctions against [plaintiff] in unrelated cases. . . . [read post]
8 Feb 2016, 6:47 am by Docket Navigator
The court granted defendant's motion to compel communications between an NPE plaintiff and its counsel that plaintiff disclosed to the named inventors before plaintiff acquired the exclusive option to purchase the patent-in-suit and rejected plaintiff's work product argument. [read post]
17 Jan 2014, 7:04 am by Docket Navigator
Following a jury trial, the court found that plaintiff's claims were not barred by laches because of equitable considerations even though defendant suffered evidentiary prejudice by plaintiff's unreasonable delay. [read post]
29 Jul 2014, 7:07 am by Docket Navigator
"Defendants argue that [plaintiff] knew or should have known that Court’s First Claim Construction Order was dispositive of all of [plaintiff's] infringement theories. [read post]
22 Jul 2015, 4:05 am by Howard Friedman
However the federal government could accommodate plaintiff by refraining from enforcement actions against any insurance company that agrees not to comply with the segregation requirement for the policy offered to plaintiff. [read post]