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4 Mar 2014, 2:00 pm
Slip op. at 5.The only other thing the plaintiff in Fullington could think of was “post-marketing surveillance. [read post]
3 Jul 2019, 6:56 am
“The test under R.C. 2744.09(B) is one of causal connection, not of timing. [read post]
9 Mar 2015, 1:14 pm
Applying a balancing test, the court says that plaintiffs are not entitled to unmask either account-holder. [read post]
4 Jan 2018, 12:51 pm
To establish defamation, a plaintiff in federal court must plausibly show the defendant (1) published (2) an actionable statement with (3) the requisite intent. [read post]
4 Jan 2018, 12:51 pm
To establish defamation, a plaintiff in federal court must plausibly show the defendant (1) published (2) an actionable statement with (3) the requisite intent. [read post]
20 Apr 2009, 11:47 am
While the test seemed to be tighter standard than the plaintiffs’ proposed test, since a plaintiff must prove more than a casual or minimum contact with the product, in reality the test has loosened the traditional standards for substantial factor causation. [read post]
14 Feb 2008, 4:19 am
Under this test, plaintiff was required to show that he lost money or property as a result of Times conduct, Hall, at 471, and the appellate court held at pages 471 and 472 that [t]he phrase as a result of in its plain and ordinary sense means caused by and requires a showing of a causal connection or reliance on the alleged misrepresentation. [read post]
12 Sep 2017, 7:38 am
The plaintiff’s recovery went well, but there were subsequent complications. [read post]
8 May 2020, 6:24 am
The Fourth Circuit ruled in the plaintiffs’ favor because there was “a direct hydrological connection between groundwater and navigable waters. [read post]
24 Jul 2018, 8:32 am
The plaintiffs filed suit against the defendants, who manufactured the batteries that, the plaintiffs contend, started the blaze. [read post]
4 May 2020, 12:37 pm
The court applied the exclusion despite a dispute about the accuracy of the blood test. [read post]
7 Feb 2020, 5:30 am
The Superior Court noted that even an admission by the tortfeasor of admitted alcohol or drug use is subject to being excluded from evidence where the plaintiff fails to present evidence of chemical testing sufficient to show intoxication, or where the Plaintiff fails to present any other evidence of impairment. [read post]
28 May 2020, 6:13 am
Following the test, the defendant ordered the plaintiff to follow up with him in two weeks. [read post]
21 Mar 2014, 6:07 pm
Plaintiffs next argued that the LR zoning constituted an unconstitutional governmental taking under the Penn Central Test. [read post]
27 Aug 2007, 1:07 am
The test announced in Douglas Oil Co. v. [read post]
15 Sep 2014, 1:18 pm
The defendant has satisfied the two-pronged test in Chiu v. [read post]
11 May 2009, 2:57 pm
However, lawyers for the City of Newport Beach say that Abrams refused to submit to a rape test. [read post]
2 Dec 2022, 4:40 am
To test the plaintiffs’ theory, we need a, err, test. [read post]
16 Nov 2018, 8:32 am
The Court concluded that the medical reviewers “cherry picked” the file, failing to “credit any of the evidence in the file supporting Plaintiff’s claim, and instead cited Plaintiff’s ‘normal’ test results as evidence of her ability to work. [read post]
10 Jul 2013, 7:16 am
Williams, the defendant claimed that CPLR 4401-a required expert testimony as to both parts of the informed consent analysis. The Fourth Department disagreed holding that "expert testimony concerning what a reasonable person would have done in plaintiff’s position is not necessary to maintain a cause of action premised upon lack of informed consent." [read post]
