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February 01, 2024 | Law.com

Appellants' 'Intermixed Concepts' of Contributory Negligence, Failure to Mitigate Don't Succeed in $1.18M Med-Mal Appeal Attempt

"Defendants acknowledged at oral argument that the record does not tell us whether the alleged hand-soaking occurred before or after the sutures were removed. But if Butts-Franklin had soaked her hand after the sutures were removed, it 'c[ould not] be the basis for a mitigation of damages instruction' because she 'did not act contrary to the advice given,'" Justice Stuart A. Raphael wrote on behalf of the unanimous appellate panel.
6 minute read
January 12, 2024 | Law.com

'Default Judgment Is an Absolute Last Resort:' Federal Judge Adjusts Order to Allow One More Chance for Defendant's Deposition

"Though I agree that Mr. Allen offers no good excuse for his non-compliance—and arguably digs a deeper hole through his attempts to deflect blame onto his counsel—I find that a less severe sanction than default judgment is initially warranted for Defendants' and Mr. Allen's misconduct," U.S. District Judge Brendan A. Hurson for the District of Maryland wrote in an order Wednesday.
6 minute read
December 12, 2023 | The Recorder

Video Game Developers Krafton, NetEase Settle Copyright Dispute After Court Finds No Actual Damages

A long-running battle over the copyrights to one of the best-selling video games of all time has come to a close with a settlement, after a California state court entered its amended final statement of decision, determining there were no actual damages.
4 minute read
October 20, 2023 | Law.com

'Factually and Actually Innocent': Imprisoned Virginia Man Can Proceed With Legal Malpractice Case Against Defense Attorney

"We are not persuaded by Graves's claim that Wright's exoneration in the Fourth Circuit was 'premised upon a legal technicality.' To be sure, Wright's habeas claim succeeded because Graves should have recognized that grand larceny from the person was not a lesser-included offense of robbery," Judge Stuart A. Raphae wrote. "But the question here is whether Wright pleaded facts showing that he was actually innocent of grand larceny from the person. He did."
7 minute read
June 23, 2023 | Texas Lawyer

$4M Dallas Verdict: Jury Form Contained Only 1 Question

The victory came for a plaintiff who had established a client breached a licensing agreement.
5 minute read
Law Journal Press | Digital Book Texas Personal Automobile Insurance Policy 2020 Authors: Janet K. Colaneri, Bret Weatherford View this Book

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June 13, 2023 | Law.com

Federal Suit Allowed to Proceed Against Renovation Company Following 'Release of Lead Paint Residue' in Family's Home

The Menericks sought damages for the counts in relation to the renovation and restoration of their nearly 200-year-old Abingdon, Virginia, home, alleging that Salem Heritage, which was originally hired to renovate and restore windows at the house, did not disclose that they were not licensed to work in Virginia, nor did they disclose that they were not possess the requisite lead certifications.
5 minute read
June 12, 2023 | Law.com

8th Circuit Upholds District Court's Order: MS Claims Against Manufacturing Plant Time-Barred by Texas Law, Not Missouri

On appeal, in a June 5 opinion written by Judge L. Steven Grasz, the court concluded that as Missouri was the forum state, Missouri's statute-of-limitations rules applied, and that Knapp's argument that the district court had erred in concluding his claims "originated" in Texas under Missouri's borrowing statute centered around the statute.
5 minute read
April 21, 2023 | Law.com

Judge Rejects Legal-Mal Suit Over Missed Deadline, Finding Underlying Med-Mal Suit Had 'No Chance of Success'

An appeal to the state Supreme Court is already pending.
6 minute read
April 06, 2023 | Law.com

Federal Judge Rejects Request to Treble Damages, Attorney Fees in Medical Device Infringement Case Against DePuy

A federal judge in Massachusetts has denied a plaintiff's request for an increase of nearly $50 million in damages and fees, after concluding that medical device business DePuy Synthes Products hadn't engaged in "egregious infringement behavior" that warranted "a punitive or vindictive sanction."
4 minute read
March 10, 2023 | Connecticut Law Tribune

Riddled With Errors: Alex Jones to Face Sanctions If Bankruptcy Filing Is Inaccurate

"We have a client in this situation that just has very little knowledge of his financial background," Alex Jones attorney Vickie Driver said. "I am looking for ... support for every fact."
4 minute read

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