Finally, federal courts generally are less willing than state courts to grant plaintiffs
' motion for sanctions in Ruth, which was withdrawn as a condition of the settlement, accused one settling defendant of abusing the discovery process and prejudicing the plaintiff
by producing thousands of documents on the eve of trial.
However, it is not retroactive, thus, the plaintiffs
would have been entitled only to a miscellaneous itemized deduction, disallowed for purposes of the alternative minimum tax.
was fired after she had a physical altercation in a warehouse elevator with a male co-worker.
For example, under the old venue rules, a plaintiff
could sue a corporation in up to four Pennsylvania counties--assuming that the corporation's principal place of business or registered office was in one county, the corporation regularly conducted business in another, a transaction or occurrence leading to the claim arose in a third county and the cause of action arose in a fourth.
When the case is settled, the plaintiff
owes LawCash the advance, plus 3 percent of that amount compounded on a monthly basis.
The sheer greed of tort lawyers who represent unimpaired clients has driven asbestos lawyers who represent only very sick plaintiffs
to support tort reform designed to curb this abuse -- if only to make sure there are some solvent defendants left standing at the end of the day.
In his opinion, a plaintiff
can satisfy the Second Circuit's standard for alleging facts (see SEC v.
A simple tort claim alleges that the defendant breached a legal duty owed to the plaintiff
, there-by causing injury or loss.
Alan Jacoby as Co-Lead Plaintiffs
in a securities fraud class action against SendTec, Inc.
California provides for apportioned noneconomic damages on a percentage share, and any company may be apportioned a percentage of fault, whether it settled with the plaintiffs
, was never sued before by the plaintiff
or has since declared bankruptcy.
Under a "qualified assignment," for example, the defendant's obligation to make periodic payments is assigned, so that the plaintiff
thereafter looks to a third-party obligor for payment, rather than to the defendant.
Other revisions to California malpractice law include limits on the contingency fee that can be recovered by a plaintiff
's attorney, restrictions on a plaintiff
's ability to assert a claim for punitive damages against a physician, and the parties being given the option to have economic damages paid in installments over the life of the plaintiff
rather than in a lump sum.
Newark Building also claimed that the lessee's motion for summary judgement could not be granted because Newark Building needed to have pre-trial examinations of the plaintiff
in order to determine the intention of the parties as to the refund disposition.
The Texas Supreme Court ruled that the statute of limitations in a plaintiff
's cause of action against an accounting firm in a tax malpractice case had started running when the plaintiff
received an IRS notice of deficiency.