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6 Jul 2010, 10:44 am
What test does the court employ in resolving that motion? [read post]
5 Aug 2013, 1:18 am
The Supreme Court further held in this case that as violation of copyright amounts to an act of piracy, it must be proved with clear and cogent evidence after applying the various tests laid down by the Supreme Court.In the present case, the plaintiff had led no independent evidence of any independent reader, spectator or viewer,who-after having seen both the works, formed an opinion or got an unmistakable impression that the work of the defendant appears to be a copy of the… [read post]
15 May 2020, 5:57 am
The only duty suggested by Plaintiff is a duty to have tested the pie products before "directing and ordering that they be disposed of by [Plaintiff]. [read post]
28 Feb 2020, 5:06 am
During his treatment, he underwent a variety of tests, which indicated various issues but no underlying cause of his ongoing health concerns. [read post]
2 Jan 2022, 10:07 am
The plaintiffs argued that MyLife wasn’t “interactive,” but that’s not the statutory test. [read post]
14 Aug 2012, 3:57 pm
Moreover, he does not state what objective tests he used to determine that plaintiff was having difficulty with words, language and organizational skills. [read post]
30 Oct 2015, 11:36 am
Unforeseeable consequences do not meet this test and should not result in liability for fraud. [read post]
30 Oct 2015, 11:36 am
Unforeseeable consequences do not meet this test and should not result in liability for fraud. [read post]
12 Mar 2008, 3:16 pm
Far too many plaintiff lawyers accept such claim at face value and do not challenge this claim with a pre-trial motion.The more clever defense doctor will not go so far as to outright claim that a plaintiff has malingered, but suggest it, and then to base such suggestion on what the doctor deems to be inconsistent effort throughout the battery of tests. [read post]
15 Aug 2020, 6:51 am
For example, a patient harmed by a doctor’s delay in prescribing diagnostic testing may lead to a delayed diagnosis, which can cause irreparable harm to the patient’s health. [read post]
5 Mar 2018, 6:59 am
As the plaintiffs are not prisoners but jail employees, the Court applies the shocks-the-conscience test, bearing in mind that people have a fundamental interest in their medical privacy. [read post]
5 Dec 2014, 6:03 pm
Meantime, patients’ lawyers are accusing Bayer and J& J of not properly test Xarelto before making it available to consumers. [read post]
4 Jun 2013, 12:09 pm
According to the plaintiff, he received an ABG II implant during hip replacement surgery. [read post]
25 Oct 2018, 10:05 am
Since the employer could not show that the plaintiff had an independently established business (part C of the ABC test), the court of appeal reversed the summary judgment on the claims based on the Wage Orders. [read post]
16 Sep 2009, 12:42 pm
These regulations, the Federal Motor Carrier Safety Regulations (FMCSR's), cover topics like drug and alcohol testing, road tests, background checks, fatigue and hours of service, medical exams and many others. [read post]
30 Nov 2010, 11:06 am
The court referred to the purposeful availment test and the three factors highlighted in Cybersell. [read post]
24 Sep 2018, 6:03 am
In addition, they argue that her opinions have not been tested or peer-reviewed and do not have a known error rate. [read post]
8 May 2021, 4:27 am
” Applying that standard, the Court found that Plaintiff pleaded no intentional dereliction of duty and affirmed dismissal of Plaintiff’s claims against RLJE directors. [read post]
24 Nov 2015, 8:17 pm
Here, the Town’s conclusion that any coverage gap was de minimis was contradicted by the plaintiffs’ uncontested radio frequency analyses, propagation maps, and drive test data demonstrating a significant coverage gap in the area: specifically, two coverage gaps of 2 miles on the Taconic State Parkway and 1.6 miles on Route 82. [read post]
18 Dec 2018, 7:46 am
Plaintiff filed suit against defendant after sustaining an injury on a vessel. [read post]
