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8 Apr 2010, 7:12 am by The Docket Navigator
Plaintiff should have provided the kind of detail in its original privilege log that it finally provided in its second supplemental privilege log. [read post]
23 May 2010, 6:46 am by Scott Andrews
The standard of conduct to which the plaintiff must conform for his own protection is that of a reasonable man under like circumstances.... [read post]
1 May 2018, 2:40 pm by Kevin LaCroix
But at least under New York law, there appears to be some growing consistency under the “sufficient factual nexus” test. [read post]
25 Jan 2021, 1:42 pm by Alan R. Friedman
Notably, the Plaintiff did not support its claim that expert testimony was “critical” with any argument as to where it was needed to respond to any aspect of Netflix’s extrinsic test analysis. [read post]
8 Jul 2015, 12:09 pm by Ronald V. Miller, Jr.
  Therefore, Plaintiff could not just walk in the door to do the lead-paint testing, that he claimed he needed for his lawsuit. [read post]
1 Oct 2018, 9:24 am by Steven Cohen
  In addition, they allege that he did not conduct any testing, did not rule out alternative causes, and disregarded evidence that was inconsistent with his opinion. [read post]
1 Oct 2008, 12:35 pm
., Slip Opinion No. 2008-Ohio-4827 the Ohio Supreme Court yesterday modified the three pronged test announced in 1993's Belvedere Condominium Unit Owners' Assn. v. [read post]
25 Sep 2011, 5:00 am by Mary Beth Tung
The plaintiffs would argue that such patents not only hinder the useful arts, but also endanger lives and/or drives up the cost of providing potentially life-saving testing and treatment. [read post]
4 Jul 2021, 5:49 pm by Francis Pileggi
The en banc high court’s unanimous opinion required the trial court to reconsider its ruling that after the UIP board found the stock sale to the defendant shareholders passed the rigorous entire fairness test they were not required to decide whether it would wrongly tip a 50/50 standoff with plaintiff stockholder Marion Coster. [read post]
23 Dec 2016, 6:39 am by Seyfarth Shaw LLP
On the other hand, with a resounding “no,” the Fifth Circuit has quashed any lingering doubt about whether a Thompson-style “zone of interests” test applies under the FLSA. [read post]
19 Dec 2012, 3:52 pm
After conducting objective tests on plaintiff, the doctors found, as indicated by their sworn reports, that plaintiff had no orthopedic impairment and no neurologic injury. [read post]
29 Aug 2017, 6:29 am by The Law Offices of John Day, P.C.
A plaintiff must show that the institution’s negligence was the proximate cause of his injuries, and one prong of the proximate cause test requires plaintiff to prove that “the harm giving rise to the action could have reasonably been foreseen or anticipated by a person of ordinary intelligence and prudence. [read post]
22 Apr 2009, 4:30 pm
So there’s less room for thorough product testing and other safety measures. [read post]
14 Apr 2013, 1:57 am
DePuy was found liable to the plaintiff for damages and had to pay out $8.3 million for the failure of the ASR model hip replacement device that the plaintiff had implanted during her hip replacement surgery. [read post]