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13 Apr 2015, 6:01 am by John Jascob
Several Second Circuit decisions construing Morrison more narrowly lent credence to the defendants’ argument, but the court ultimately determined that the Morrison test as enunciated reaches “transactions in securities listed on domestic exchanges,” a criterion satisfied in this case. [read post]
2 Jan 2015, 12:34 pm by Bitton & Associates
” The trial court refused to provide such instruction, using instead the “motivating factor” test; which is determined by asking the jury to find for the plaintiff if proven by a preponderance of the evidence whether Harris’ pregnancy was a motivating factor in the her termination from employment. [read post]
28 Jan 2014, 1:53 pm by Erin E. Dardis
Young underwent additional testing which revealed a blood clot that required immediate surgery. [read post]
17 Dec 2018, 6:50 am by Second Circuit Civil Rights Blog
We solve Rooker-Feldman problems by applying a four-part test: (1) the federal-court plaintiff must have lost in state court; (2) the plaintiff must complain of injuries caused by a state-court judgment; (3) the plaintiff must invite district court review and rejection of that judgment; and (4) the state-court judgment must have been rendered before the district court proceedings commenced. [read post]
13 Oct 2014, 1:13 pm by Christine Nielsen Czuprynski
Plaintiffs have certainly been testing the waters with VPPA cases against various news and entertainment organizations (see May 5, 2014 blog post). [read post]
26 Aug 2024, 8:05 am by Rebecca Tushnet
The usual multifactor test isn’t really suitable for that (or anyway, all the work in rejecting the plausibility of that theory comes from the unrelatedness of the goods and services).] [read post]
12 Nov 2013, 12:48 pm by Evan Brown (@internetcases)
The test is whether “the recitation of the facts to an average member of the community would arouse his resentment against the actor and lead him to exclaim, Outrageous! [read post]
2 Mar 2014, 2:20 pm by Stephen Bilkis
On their Amended Bill of Particulars, the plaintiffs fault the defendants for not following the doctor’s recommendations, failing to order further diagnostic tests, attributing the plaintiff's condition to a drug overdose and failing to obtain appropriate consults by specialists. [read post]
2 Jul 2014, 8:00 am by Steven G. Pearl
"[B]ecause plaintiffs proceeded below on the sole basis that they are employees under the common law, we now conclude we may resolve the case by applying the common law test for employment, without considering these other tests. [read post]
27 Jan 2013, 8:39 pm
When the first case occurs, the attorneys and plaintiffs need to prove that the car company was responsible for the injuries. [read post]
23 May 2022, 7:13 am by Ronald V. Miller, Jr.
The bellwether test trials in the 3M earplugs litigation began about 15 months ago. [read post]
12 Mar 2015, 4:24 pm by Stephen Bilkis
It is his opinion that it is arrogant to claim that a plastic surgeon can determine that there is no need for further testing or follow up examination based on one examination alone. [read post]
18 Dec 2019, 4:00 am by Martin Kratz
The Court then turned to the test to be applied for a site blocking order. [read post]
28 Oct 2011, 2:59 am by Andrew Lavoott Bluestone
The test is whether a proper defense would have altered the result of the prior action.'" Flutie Bros. v. [read post]
4 Jun 2009, 9:58 pm
By Donald Zuhn -- Plaintiff-appellee Dr. [read post]
29 Nov 2014, 11:28 am by Cappetta Law Offices
Kerin alleged four caused of action predicated on Massachusetts law against the manufacturer- based on the notion of CSST’s susceptibility to lightning strikes:  “strict liability for design and manufacturing defects, negligence in design[ing] and failing to test the product, negligence in failure to warn, and strict liability in failure to warn. [read post]
26 May 2022, 5:19 am
The Role of a Criminal Case in Recovering Damages Usually, the only way the driver’s BAC is known is because law enforcement performed either a breathalyzer test or had a blood test done at a hospital. [read post]
13 Sep 2016, 5:53 am
Manufacturers and distributors of spray guns compare their products to those of European origin, including plaintiff's. [read post]