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14 Dec 2009, 3:51 am
Under Maryland law, courts may apply both the “risk/utility” test and the “consumer expectation” test when evaluating the efficacy of design defect claims. [read post]
10 Oct 2008, 10:11 pm
It they are found to be ineligible, then in Phase 2 the court “a second jury [would] consider whether a test flight of 20 to 50 of the opt-ins deposed in this case were coerced or required to share tips with QAs”; plaintiff argued that Phase 2 would “clarify the legal and evidentiary issues necessary to fully adjudicate such claims. [read post]
6 Jul 2012, 6:47 am
The British Columbia Court of Appeal set aside the trial judgment and dismissed the Plaintiff’s claim on the basis that the material contribution test did not apply. [read post]
3 Oct 2017, 8:00 am
” The other expert testifying for the plaintiff, a pediatric neurologist said she is not aware of any studies that determine the incidence rate of the proposed mechanism of injury in this case. [read post]
15 Feb 2022, 1:35 pm
Will Reconsider the "Actual Malice" Libel Test -- but Not in <i>Palin v. [read post]
28 Dec 2012, 5:31 pm
He is requesting a genetic marker testing to determine whether or not the child is his. [read post]
3 Feb 2023, 9:15 am
Plaintiff argued his random drug test and an after-hours DUI should be treated with comparable seriousness, but the appellate court rejected this argument as well. [read post]
18 Jul 2022, 2:26 am
Plaintiffs do not respond to this argument. [read post]
5 Mar 2007, 5:30 am
Yet despite providing these advantages, an analysis of Delaware decisions indicates that, in practice, the test (and the application of the test) for independence does not ensure that directors are in fact independent. [read post]
1 Feb 2018, 9:31 am
They publish textbooks, assessments, test banks, and a wide variety of other learning tools for teachers and students. [read post]
26 Sep 2023, 11:18 am
Bukkapatnum did not attach laboratory or medical test results. [read post]
12 Jul 2013, 4:39 pm
Mosaic Potash Esterhazy Limited Partnership which set out the well‑established test for an interlocutory injunction: (1) the strength of the plaintiff’s case; (2) the presence of a meaningful risk of irreparable harm if the injunction is not granted; and, (3) whether the balance of convenience favours the granting of the injunction. [read post]
25 Nov 2009, 4:17 am
A DNA test of Craig’s blood excluded him as father. [read post]
9 May 2012, 4:27 pm
This was despite the fact that numerous objective tests showed that the Plaintiff's back pain and radiculopathy continued to exist. [read post]
13 Feb 2023, 6:43 am
Later, Plaintiff and Boateng married, and Plaintiff became a permanent resident. [read post]
19 Aug 2012, 6:27 am
When a Rule 12(b)(6) motion is filed, the court tests the sufficiency of the allegations in the complaint. [read post]
3 Dec 2008, 4:39 am
But subsequent tests by the plaintiffs' lawyers showed the truck driver was backing up from a rest stop onto the highway when she hit the truck the plaintiff was riding in for Yellow Freight. [read post]
13 May 2010, 8:32 am
After the patient was hospitalized, the doctor ordered a stress test. [read post]
7 Mar 2012, 12:01 am
The Penn Central test -- reaffirmed in Lingle as the regulatory takings "benchmark" in all but a few cases -- is one of those "factor" tests in which the trier of fact is supposed to examine three things: (1) the economic impact of the regulation on the property; (2) the interference with investment-backed expectations, and (3) the character of the government action. [read post]
12 Aug 2013, 8:32 am
” In other words, the decision to not perform a test that may have only incidentally revealed a condition that was not being tested for is insufficient to establish a medical malpractice claim. [read post]
