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Allison Dunn is a reporter on ALM's Rapid Response desk based in Ohio, covering impactful litigation filings and rulings, emerging legal trends, controversies in the industry, and everything in between. Contact her at [email protected]. On Twitter: @AllisonDWrites.
November 21, 2023 | Law.com
"IFI takes issue with the fact that Howard pleads that either IFI or Nashville Quality, LLC were responsible for the accident or sabotage that resulted in glass in her food. IFI argues that '[b]ecause the allegations concede it is just as probable that the damages were caused by someone other than IFI and further fails to identify what IFI did or failed to do to cause the damages, the Complaint fails to state a plausible claim for relief.' ... This is wrong," District Judge Thomas T. Cullen for the Western District of Virginia wrote. "IFI conflates Howard's burden of proof with the pleading requirements.
By Allison Dunn
4 minute read
November 17, 2023 | Law.com
"Quite simply, voluntary compliance with a federal program does not confer federal officer jurisdiction to this Court," Senior District Judge Richard D. Bennett wrote, granting the plaintiff's motion to remand the case to the circuit court.
By Allison Dunn
5 minute read
November 16, 2023 | Law.com
Some of the rates requested by Quinn Emanuel—$1,690 per hour for a lead partner or $1,385 per hour for associates—were unrealistic for the Richmond, Virginia, market in the present case, the court found.
By Allison Dunn
5 minute read
November 14, 2023 | Law.com
"Counsel, if we adopt your theory, having studied what other states are doing because it's sort of a new area—not every state has weighed in—we'd have the most liberal interpretation of third-party spoliation in the nation," Chief Justice Loretta H. Rush told plaintiffs counsel from the bench Monday.
By Allison Dunn
5 minute read
November 10, 2023 | Law.com
A federal judge in Virginia agreed to dismiss one patent infringement claim against Amazon this week, while the court will defer on the remaining allegations brought by developers who claim that the e-commerce company poached its voice recognition technology and natural language understanding to expand its Echo and Alexa products.
By Allison Dunn
5 minute read
November 9, 2023 | Law.com
"Plaintiff is therefore forced to resort to an argument that Defendant's facilities—located on the opposite coast—infringe on its trademarks. This sort of significant geographic separation between local businesses, coupled with the lack of any legally cognizable consumer overlap, compels application of the principles espoused in Dawn Donut, What-A-Burger, and their progeny. Plaintiff makes many arguments to the contrary, but they are all unavailing," Young wrote.
By Allison Dunn
5 minute read
November 8, 2023 | Law.com
"In this matter, there is no new counsel for Ms. Haysbert, a pending motion of sanctions against Mr. McKelvey, a request to select a new trial date submitted by Mr. McKelvey an no explanation of good cause of why he must withdraw, and finally, no affirmation by Ms. Haybert that she no longer wishes to retain Mr. McKelvey," Outback Steakhouse's counsel, John D. McGavin of McGavin, Boyce, Bardot, Thorsen & Katz in Fairfax, Virginia, wrote in its opposition.
By Allison Dunn
4 minute read
November 2, 2023 | Law.com
A federal judge in West Virginia is allowing a widow's medical malpractice suit to proceed against a temporary staffing and recruiting agency for…
By Allison Dunn
4 minute read
November 2, 2023 | Law.com
"We are treating this matter with the highest priority, but we don't yet know how soon our information systems will be back online," spokeswoman Lisa Taylor told Law.com. "Law enforcement is also aware of the security incident, and the Office of Judicial Administration will cooperate with any investigation that may result."
By Allison Dunn
3 minute read
November 1, 2023 | The Recorder
This complaint was first surfaced by Law.com Radar.
By Allison Dunn
3 minute read
The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.
Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.
Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.
We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...
Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...
Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS