In another positive development for welding flame defendants, a plaintiff
in one of the Ohio multidistrict litigation cases recently dismissed his lawsuit, reportedly because he was not as disabled as he had first testified and because his attorneys allegedly refused to continuing representing him.
With that requirement eased, the jury rendered a verdict of more than $360,000 for the plaintiff
The new rules require a plaintiff
to obtain a written statement by an appropriate licensed professional certifying "that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work fell outside acceptable standards and that such conduct was a cause in bringing about the harm.
asserted section 10(b) and rule 10b-5 (of the Securities Exchange Act of 1934) claims against the firm based on Cygne's 1993 and 1994 financial statements.
Freland,(8) the plaintiff
asserted that the defendant police officer used deadly force in direct violation of the department's policy.
Kentucky and Indiana provide for apportioned liability among defendants based on a percentage of fault basis; they also allow for juries to consider the fault of companies that had previously settled with the plaintiff
Basically, the defendant (or its liability insurer) first gives the plaintiff
a promise to pay money in the future.
claimed that equity and good conscience demand that plaintiff
, as the party who paid the taxes, is entitled to receive the tax refund.
argued that such claims do not begin to accrue until any litigation is completed and the IRS has issued an assessment of taxes.