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18 Apr 2022, 10:34 am by Ronald Mann
That’s the debate the parties offer the court Tuesday morning in Kemp v. [read post]
24 Oct 2019, 1:42 pm by Rebecca Tushnet
Oct. 21, 2019)A pair of opinions shows the importance of (1) defining the market and (2) being able to show materiality.The parties compete in the market for assays (blood tests) used for measuring thyroid stimulating immunoglobins, which can aid in the detection of Graves’ disease. [read post]
22 Jun 2012, 9:52 am by Antoinette Konski
June 15th, 2012 was the deadline for the parties and interested parties to file briefs in the controversial ACLU gene patenting case (see our post of March 26th, 2012), remanded to the Federal Circuit after the U.S. [read post]
15 Apr 2015, 3:26 am by Thomas Valenti
The relevant test for an application under section 24(1)(a) of the Act is as follows: “Whether the fair-minded and informed observer, having considered the facts, would consider that there was a real possibility that the tribunal was biased. [read post]
If the Supreme Court accepts the case, it is possible (and perhaps even likely) that it will issue a stay against the rule going into effect while it considers the merits of the parties’ arguments. [read post]
28 Jul 2017, 1:38 pm by Newman, Anzalone & Newman, LLP
The defendant failed field sobriety tests and recorded a .127 result on a blood-alcohol content test. [read post]
29 Mar 2019, 2:49 pm by Anthony Zaller
  The five issues I discuss in the video include: 1) Part A of the test requires that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; and 2) Part B of the test requires that the worker performs work that is outside the usual course of the hiring entity’s business; and 3) Part C of the test requires that the worker… [read post]
27 Jun 2017, 5:29 pm by Thomas G. Heintzman
The parties argued both tests, although one half-heartedly because it is apparent that both cannot apply. [read post]
12 Sep 2016, 8:00 am by Robert Kreisman
OnRamp argued at the appellate level that the trial judge erred in applying the “verdict test” to determine who the prevailing party was when the court ought to have applied the “significant issue” test and analyze the issues at trial. [read post]
11 Jan 2009, 7:42 am
The Medical Review Officer is charged with keeping any medical information disclosed to him or her private from all third parties, including the employer. [read post]
6 Sep 2010, 10:13 pm by Michael Atkins
., used counterclaim plaintiffs’ marks under the ASR program but diverted to RealtyU certain revenue the parties had agreed would go to counterclaim plaintiffs. [read post]
1 Jan 2011, 10:23 am by The Legal Blog
But the consideration remains that the party asserting the claim to have a child and the rival set of parents put to blood test must establish his right so to do. [read post]
3 Aug 2023, 10:00 am by Scott Hervey
In June, 2022, Hunley filed an appeal with the 9th Circuit, making the following arguments: 1) that the District Court erroneously extended the Server Test beyond the scope of Perfect 10; and 2) that the Server Test lacked explicit support or explanation in the plain language of the Copyright Act, making its application questionable. [read post]
17 Jan 2019, 7:55 pm by William D. Kickham, Esq.
His decision ruled that the exclusion period previously agreed to by the parties – during which OAT test results cannot be admitted into evidence in Massachusetts DUI/OUI cases – will be extended indefinitely until the following actions occur: 1. [read post]
5 Nov 2009, 2:39 pm
Comprehensive Drug Testing, although not because it hasn't been on my mind: Among computer crime law folks, it's topic #1 these days. [read post]
7 May 2010, 2:35 am by John L. Welch
How would you rule on this appeal from a Section 2(e)(1) mere descriptiveness refusal of the mark CLUB DANCE for restaurant and bar services? [read post]
2 Feb 2010, 7:17 pm by Brendan Holland
"  So interested parties should similarly act with alacrity to get comments in by March 1st (or reply comments by March 30th) to inform the Commission's rule making process. [read post]