The law of sexual harassment and the law of evidence allow the plaintiff to inquire into the defendant's relationship with other women -- with women in the workplace, which, in this case, included the president's relationship with Ms. Lewinsky.
In 2002, Germany approved the Codes of Conduct under International Law -- a statute that allows the German Federal Prosecutor to investigate and prosecute crimes constituting a violation of international human rights laws -- irrespective of the location of the defendant or plaintiff, the place where the crime was carried out, or the nationality of the persons involved.
The test goes on to look at the degree of participation of the plaintiff versus any defendant, but that analysis is too long to go into here.
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The plaintiff contended that the defendant had withheld entire email chains where only one email in the chain was privileged.
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Materiality is a fundamental element for an action alleging a failure to disclose under the securities laws and this is certainly the case for a plaintiff alleging that a defendant violated such duty by not properly disclosing the real nature, purpose, and scope of Shariah.
Ericsson and ZTE have chosen to trade off the role of both plaintiff and defendant, since each company is suing the other for several patent infringements.
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The Court held that even though at trial the plaintiff would need to present circumstantial evidence to support the discrimination claim, it was sufficient for Rule 8 purposes for the plaintiff to alleged that he had been employed by the defendant and that he believed that he was fired for racially discriminatory reasons.
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"When a party refuses a pretrial settlement offer that turns out to be as good as or better than what that party ultimately wins, " the plaintiff gets hit with some of the defendant's costs.
For example, assume the parties to a case stipulate that the defendant will make a good faith effort to provide the plaintiff with at least 80% of the responsive documents contained within a collection of one million potentially responsive documents using a predictive coding tool.
The little plaintiff or defendant who was promised a new rocking-horse when Jarndyce and Jarndyce should be settled has grown up, possessed himself of a real horse, and trotted away into the other world.
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But many losing plaintiffs were too poor to pay the winners' costs, while in one case a losing defendant had to pay millions for the plaintiff's legal fees.
Second, the defendant must have some duty to the plaintiff.
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Is the defendant in direct competition with a product or service offered by the plaintiff?
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Fourth, the defendant is in direct competition with a product or service at issue offered by the plaintiff.
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One reason for Sherwin's success: In a classic tort case--this defendant injured that plaintiff--it's very difficult to prove whose paint is on the walls of an old house.
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