Search for: "Test Plaintiff"
Results 2841 - 2860
of 21,977
Sorted by Relevance
|
Sort by Date
4 Sep 2020, 9:21 am
” Turning to the second step, the Court reasoned that “[b]ecause the Subject Designs are entitled to broad copyright protection, a plaintiff can satisfy the extrinsic test by showing that the works are substantially similar. [read post]
14 Oct 2020, 7:08 am
The Court noted that Plaintiff’s biomechanical expert conceded that he could not conduct testing on the mountain where the pipe had been located even if it was not removed. [read post]
24 Aug 2016, 6:19 am
Instead, the legal standard is whether the evidence would permit a reasonable factfinder to conclude that the plaintiff’s protected status caused the discharge or other adverse employment action. [read post]
6 Oct 2022, 12:31 pm
Cahill test): Requiring facts sufficient to defeat a summary judgment motion before the identity of an anonymous defendant is revealed through the compulsory discovery process "protect[s] against the chilling effect on anonymous First Amendment internet speech that can arise when plaintiffs bring trivial defamation lawsuits primarily to harass or to unmask their critics. [read post]
14 Aug 2013, 7:19 pm
Though the plaintiffs "succeeded in illustrating attitudes of gender bias held by managers at Wal-Mart," this evidence also failed to meet the test announced by the Supreme Court. [read post]
13 Nov 2023, 6:05 am
Bottom line: the plaintiff loses her discrimination case under Rule 12, but her retaliation case -- which is not bound by the deliberate indifferent test -- will proceed to discovery.The case is Doe v. [read post]
11 Sep 2013, 6:49 am
Carter dissented, arguing that the regulations imposed a totality of the circumstances test, not a bright-line place-of-acceptance one. [read post]
6 Sep 2018, 5:47 am
" In response, defendant explained that its limited sales in a single test market, as well as its long standing trademark rights -- predating Plaintiff's trademark rights -- cautioned against the extraordinary remedy of an ex parte temporary restraining order. [read post]
6 Sep 2018, 5:47 am
" In response, defendant explained that its limited sales in a single test market, as well as its long standing trademark rights -- predating Plaintiff's trademark rights -- cautioned against the extraordinary remedy of an ex parte temporary restraining order. [read post]
9 Dec 2011, 2:47 am
We admit that sometimes we do not understand how a defendant can actually raise a defense that both it and the Court knows won't pass a smell test. [read post]
16 Apr 2013, 8:03 am
In dismissing shareholder claims against DTTC, the court applied the stringent test for plaintiffs to meet when alleging scienter against an auditor. [read post]
19 Nov 2018, 9:54 am
The defendant argues that Litton formed his opinions based on anecdotal evidence from the plaintiff, the engine was partially disassembled and did not have any water in it when Litton inspected it, and Litton failed to test or measure several of the Vehicle’s components. [read post]
13 Aug 2019, 6:36 am
Congress wanted "motivating factor" to guide Title VII claims, but no such language appears in Section 1983, which means the courts apply the common-law fallback "but-for" causation test, a higher burden of proof for plaintiffs. [read post]
2 Apr 2014, 11:29 pm
Gentry is no longer good law, the defendant argues; its test “derives its meaning from the fact that an agreement to arbitrate is at issue,” and besides, there’s no principled distinction between Gentry and Discover Bank. [read post]
3 Feb 2011, 9:29 am
Different courts apply different tests. [read post]
2 Nov 2016, 8:07 pm
An officer didn’t notice the plaintiff was impaired and didn’t test the plaintiff for intoxication. [read post]
12 Nov 2013, 1:40 pm
Like so many other courts, this one found failure to test subsumed under failure to warn. [read post]
24 Oct 2017, 5:00 am
The highest win rate was 39%, so it is not like the plaintiffs were running away with victory here. [read post]
4 Sep 2024, 5:24 pm
Essentially, plaintiff wanted to challenge the awarding of a contract to another bidder when plaintiff thought the other bidder didn't meet the criteria. [read post]
10 Aug 2015, 10:46 am
Hadeed Carpet, another case we recently covered at Socially Aware, the Virginia Court of Appeals “declined to adopt either test, instead applying a state statute that required a lower standard of proof. [read post]
