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16 Jul 2012, 9:17 pm by Charles Bieneman
”  The plaintiff had the burden of showing that the Altai test could be satisfied, which it could not meet because it could not produce the allegedly infringed code. [read post]
31 Mar 2014, 8:54 pm by Kirk Jenkins
 Second, Discover Bank adopted a blanket rule barring class waivers in consumer cases, while Gentry requires a fact-specific balancing test. [read post]
12 Dec 2023, 5:00 am
Presently, the statute providing that a corporation’s registration to do business in Pennsylvania thereby subjects that corporation to Pennsylvania state court jurisdiction over personal injury lawsuits remains valid but subject to continuing attacks.Test for Proper Venue RevisedJust last month the Pennsylvania Supreme Court continued its penchant for changing the law in a plaintiff-friendly way by revising the test for determining proper venue by rejecting the… [read post]
23 Oct 2014, 8:03 am by Second Circuit Civil Rights Blog
In those cases, ʺpursuit of a further administrative decision would do nothing to further define [the] injury,ʺ and the ʺclaim should not be subject to the application of the Williamson ripeness test.ʺ The plaintiff cannot meet that test. [read post]
20 May 2014, 3:09 pm
Gallo ran several tests and they showed a back condition that was not present in the past when these same tests were conducted. [read post]
28 Jan 2014, 7:09 am
That happened to a plaintiff in a recent decision, and the court found that the creditor met the test to nail the parties responsible for the damages, who were not originally named defendants. [read post]
29 Apr 2013, 9:30 pm
That DePuy released a product with minimal testing and then failed to act quickly makes clear that the company made mistakes. [read post]
26 Feb 2018, 5:28 am by Rebecca Tushnet
” But USDA testing found 49 instances in which Sanderson’s products tested positive for antibiotics, pharmaceuticals, and other unnatural substance residues, causing the plaintiffs to undertake efforts to warn customers and educate the public about the true nature of Sanderson’s products and chicken raising practices. [read post]
13 Feb 2017, 5:00 am by Daniel E. Cummins
 The court upheld the trial court’s decision that the Plaintiff was barred from recovering economic losses as the Plaintiff could not show that the Defendant breached any duty imposed by law. [read post]
11 Sep 2015, 4:00 am by Alan Macek
Of these three parts to the test, finding ‘irreparable harm’ is typically seen as the most difficult. [read post]
29 Apr 2019, 5:00 pm
Harte says it’s the latest in a string of cases where a plaintiff failed in a delayed infection case. [read post]
23 Jul 2024, 6:30 am
  This legal theory has been cited repeatedly in letters from legislators, state attorney general opinions, and investigative demands, but was teed up to be tested in court for the first time in a privately-funded suit filed against three New York City pension plans. [read post]
23 Jul 2024, 6:30 am
  This legal theory has been cited repeatedly in letters from legislators, state attorney general opinions, and investigative demands, but was teed up to be tested in court for the first time in a privately-funded suit filed against three New York City pension plans. [read post]
14 Dec 2016, 11:31 am by Carabin & Shaw, P.C.
A doctor also testified at trial and, based on the tests he performed, noted that the plaintiff wasn’t exaggerating. [read post]
14 Dec 2016, 11:31 am by Carabin & Shaw, P.C.
A doctor also testified at trial and, based on the tests he performed, noted that the plaintiff wasn’t exaggerating. [read post]