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3 Jun 2022, 10:03 am
Jan. 31, 2020), the district court found that plaintiff stated a claim under the DTSA where the defendant was accused of misappropriating plaintiff’s trade secrets and using them to replicate the plaintiff’s salad production facility. [read post]
3 Jun 2022, 4:00 am
The court said in part:Rocky Knoll’s COVID-19 testing policy is neutral. [read post]
3 Jun 2022, 3:15 am
It goes on to point out that in defending claims implicating forward looking statements, the parties should keep in mind that these also involve opinions, and therefore, regardless of the safe harbor, plaintiffs also must satisfy the Virginia Bankshares & Omnicare tests in order to bring securities fraud claims based on those statements. [read post]
3 Jun 2022, 1:33 am
As discussed here, in late April 2020, a shareholder plaintiff filed a securities class action lawsuit against SCWorx and Schessel in the Southern District of New York. [read post]
2 Jun 2022, 10:39 am
I’ll quickly run through the court’s assessment of the traditional four factor fair use test, along with a “bonus” factor: The Purpose and Character of the Use The first fair use factor, “the purpose and character of the use,” typically includes an inquiry into whether the defendant’s work is “transformative” of the plaintiff’s. [read post]
2 Jun 2022, 10:06 am
The federal appeals court with jurisdiction Ohio, the Sixth Circuit, had the substantively identical test. [read post]
1 Jun 2022, 11:55 am
This decision further limits a potential plaintiff’s options to bring a patent infringement suit. [read post]
1 Jun 2022, 4:29 am
The landowner-plaintiffs in Mustafa v. [read post]
31 May 2022, 11:59 am
Plaintiff was airlifted to a hospital, placed in medically induced coma and on life support. [read post]
31 May 2022, 11:41 am
Additional reports dating back to 2019 show a that the FDA had noted problems with Abbott’s testing and sanitation processes. [read post]
31 May 2022, 8:50 am
In addition, the plaintiffs argue that the single-impact crash tests used in this case are not-dissimilar and are therefore reliable. [read post]
31 May 2022, 6:35 am
Feb. 11, 2004); Intertek Testing Servs. [read post]
31 May 2022, 4:51 am
Point VIII of Seibel’s post-trial brief, entitled “Seibel Does Not Contest the Dissolution,” stated in full: “Based upon the evidence submitted at trial, upon the distribution of the derivative damages sought by Plaintiff and established herein, Plaintiff is no longer contesting dissolution of the Entities. [read post]
30 May 2022, 9:00 pm
Moreover, if the religious-based exemption request is based on an objection to the vaccine because “it was developed and/or tested using fetal cells that the worker is concerned may have been the result of an abortion,” then employers are advised to ask workers whether they “take medications such as ibuprofen (Advil), acetaminophen (Tylenol), or anu other medications similarly developed or tested using fetal cell derivative lines. [read post]
30 May 2022, 7:56 pm
He was evaluated by a nurse practitioner, and blood tests revealed that his blood glucose levels were below the normal limit. [read post]
30 May 2022, 3:01 am
The plaintiff sued the defendant retail store for damages that she sustained as a result of slipping and falling on a spillage of cake flour on the floor. [read post]
29 May 2022, 7:41 am
Relying on Georgia law (but it would be the same in many jurisdictions), when a contract is for the sale both goods and services, the court will apply the predominant factor test. [read post]
27 May 2022, 12:50 pm
Plaintiff's last name is "Martin" (no relation). [read post]
27 May 2022, 12:30 pm
Fourth Circuit: Whatever it is, the test for figuring it out isn't subject to reasoned application. [read post]
27 May 2022, 12:13 pm
Represents the Pueblo of Isleta as plaintiff in actions based on violations of the POI laws, ordinance, resolutions and other legal directives as they apply. [read post]
