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2 Apr 2012, 5:37 am
Specifically, he claims that the defendant erred in (1) admitting into evidence certain documents at the administrative hearing, (2) finding that the plaintiff's blood alcohol content was tested within two hours of his operation of a motor vehicle and (3) ordering a lifetime suspension of the plaintiff's commercial driver's license. [read post]
8 Sep 2017, 7:05 am by Sean Toomey
Faced with the prospect of having to defend another costly test-case trial in a multidistrict litigation proceeding involving over 9,000 plaintiffs, the defendants (petitioners before the Court of Appeals) filed a writ of mandamus challenging the district court’s decision that they waived their jurisdictional and venue objections (known as a Lexecon waiver). [read post]
8 Sep 2017, 7:05 am by Sean Toomey
Faced with the prospect of having to defend another costly test-case trial in a multidistrict litigation proceeding involving over 9,000 plaintiffs, the defendants (petitioners before the Court of Appeals) filed a writ of mandamus challenging the district court’s decision that they waived their jurisdictional and venue objections (known as a Lexecon waiver). [read post]
8 Sep 2017, 7:05 am by Sean Toomey
Faced with the prospect of having to defend another costly test-case trial in a multidistrict litigation proceeding involving over 9,000 plaintiffs, the defendants (petitioners before the Court of Appeals) filed a writ of mandamus challenging the district court’s decision that they waived their jurisdictional and venue objections (known as a Lexecon waiver). [read post]
19 Apr 2012, 8:00 am by Ernest E. Badway
  The court focused on the uncertainties of both vertical and horizontal commonality required under the common enterprise element test. [read post]
25 Mar 2008, 11:45 am
The plaintiffs first contended that the project’s density would have a significant effect on the environment. [read post]
13 Dec 2017, 6:16 am by Steven Cohen
Plaintiff sued defendants after a physical altercation on plaintiff’s property. [read post]
17 Jun 2015, 11:26 am by Sharifi Firm, PLC
He performed a coefficient of friction test, where he poured water onto the floor and conducted various tests regarding the chances of slipping. [read post]
7 Aug 2019, 9:05 am by Steven Cohen
The defendants argue that the plaintiffs fire experts’ testimony should not be admitted because they did not precisely follow the industry guide NFPA 921, specifically, the lack of physical testing. [read post]
21 May 2018, 7:21 am by Steven Cohen
Becker has provided a few theories, he did not examine the Ferris wheel or conducted any tests. [read post]
26 Mar 2014, 7:50 am by Rebecca Tushnet
-type tests through proximate causation rulings. [read post]
27 Mar 2023, 11:08 am by Josh Blackman
In many regards, Havens Realty reminds me of the Lemon Test. [read post]
29 Dec 2013, 10:08 pm by Barry Barnett
The Court in Professional Real Estate set out a test for judging whether the bringing of a lawsuit runs afoul of antitrust law. [read post]
24 Jul 2013, 5:07 am by Steve McConnell
We learned about Breathalyzers/Intoximeters, nystagmus, and Field Sobriety Tests (FSTs) (walk a straight line heel to toe, say the alphabet backwards -- which we cannot do when we are stone-cold sober -- and touch your nose whilst closing one’s eyes, etc). [read post]
26 Mar 2011, 12:09 pm
” It is reassuring to see the court protecting the interest of plaintiffs and rejecting the evidence of defence experts who simply make up their own tests in order to justify an opinion that is clearly not impartial. [read post]
7 Jun 2023, 3:30 am by Christopher J. Buccafusco
Kayser & Ming Hsu, From Scanner to Court: A Neuroscientifically Informed “Reasonable Person” Test of Trademark Infringement, 9 Sci. [read post]