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3 Jul 2008, 5:16 pm
In addition, testimony of physician at Frye hearing that he has used SPECT machine as diagnosis tool for over 15 years and that use of test is taught in medical school is sufficient to allow his testimony that plaintiff's scan is consistent with traumatic brain injury under both Daubert and Frye; and other doctors were properly allowed to testify that they used test results to assist them with diagnosis. [read post]
9 May 2017, 7:00 am
However, months after the settlement was finalized, the plaintiffs learned that Goodyear had released test results for the tire to the plaintiffs in another similar but unrelated lawsuit. [read post]
20 Jan 2020, 6:36 am
(“To establish a wrongful intrusion, a plaintiff must demonstrate that she had a reasonable expectation of privacy in the area allegedly intruded. [read post]
30 Apr 2012, 4:30 am
The plaintiff submitted a single explanation of reimbursement on which plaintiff alleged that LEMIC misrepresented the method of calculation of the reimbursement. [read post]
8 Jun 2022, 11:05 am
Plaintiff refused, and the district court denied the motion. [read post]
25 Feb 2009, 11:53 am
After extensively analyzing the various regulatory takings tests, the Court of Appeal, Sixth Appellate District, held that no regulatory taking had occurred.The Shaws, plaintiffs, acquired 74 acres of undeveloped property in Santa Cruz in 1985. [read post]
28 Oct 2020, 9:16 am
For their undue burden claims, plaintiffs relied on what is known as the Anderson-Burdick test. [read post]
27 Dec 2019, 9:00 am
Given that plaintiffs are sending products out to be tested, and because various state laws and the USDA interim final rule now affirmatively require that CBD products be tested, product makers should send their products to a reputable laboratory before marketing the products to consumers. [read post]
27 Dec 2019, 9:00 am
Given that plaintiffs are sending products out to be tested, and because various state laws and the USDA interim final rule now affirmatively require that CBD products be tested, product makers should send their products to a reputable laboratory before marketing the products to consumers. [read post]
11 Oct 2016, 6:54 pm
The decedent built structures for testing in the acoustics lab. [read post]
5 Mar 2021, 10:30 am
After the trial court denied the plaintiff’s motion, the plaintiff appealed. [read post]
11 Oct 2016, 6:54 pm
The decedent built structures for testing in the acoustics lab. [read post]
9 Jan 2020, 5:00 am
Omega-Flex, even though the plaintiff only litigated the case under the consumer expectation test. [read post]
23 Jun 2010, 10:45 am
Here, once appellant was aware he was being “overcharged” for test copies and that his protests to Canon were futile, he could and should have taken diligent action. [read post]
31 Jan 2014, 2:00 pm
Plaintiff in Drager(which was named Gross in the district court) claimed that Maryland follows the “consumer expectation” test, 2014 WL 292700, at *5, and maybe it does. [read post]
25 Jan 2007, 5:26 am
Based on what was presented thus far, the court cannot conclude that the recycling business fits the Burger test for a closely regulated industry. [read post]
3 Feb 2020, 4:33 am
(“To establish a wrongful intrusion, a plaintiff must demonstrate that she had a reasonable expectation of privacy in the area allegedly intruded. [read post]
29 Sep 2014, 5:03 am
” In this so-called “economic reality” test, a court must first evaluate whether the alleged joint employer exercised formal control over a plaintiff’s employment. [read post]
5 Dec 2010, 1:18 pm
This test balances interests--i.e. the interest of the plaintiff in the forum, the interest of the forum in the dispute, and so forth. [read post]
19 Oct 2020, 11:12 am
” On the merits, when advertising explicitly or implicitly represents that tests prove the claim, a plaintiff can prevail by showing that the tests did not establish the proposition for which they were cited. [read post]
