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10 Jun 2008, 12:14 pm
According to plaintiffs, the class action complaint satisfied this test because it alleged that they paid a sales commission to Qwest that it retained unjustly because “Qwest is prohibited by law from accepting a sales commission. [read post]
25 Aug 2008, 8:07 am
The complaint alleges that defendants are in the business of automobile smog testing services using a confusingly similar AAA mark. [read post]
18 Aug 2011, 6:51 am by Second Circuit Civil Rights Blog
But the McDonnell-Douglas test is an evidentiary standard, not a pleading requirement. [read post]
12 Apr 2010, 3:22 pm by Dr. Shezad Malik
Attorneys for plaintiffs and defendants have selected an initial pool of 13 cases cases, from which the first “bellwhether” or test trials will be selected. [read post]
6 Jun 2010, 7:51 am
It was considered a test case, and attorneys wanted to see how the case would proceed, and how juries would react to allegations that Yamaha failed to create a safe product. [read post]
26 Apr 2011, 6:38 am by emagraken
But if the plaintiff has alleged independent causes of action against the two defendants and if these two causes of action are not connected, the plaintiff will not be able to meet the threshold test. [read post]
23 May 2018, 8:10 pm by H. Scott Leviant
  And since the statutory period is just one year, an employer that doesn't fully correct issues will see plaintiffs returning to that well with regularity. [read post]
15 Jan 2009, 2:11 am
Early in the case, Defendant filed a motion to limit discovery to the "threshold issue" of whether the accused process used nitrogen as required by the asserted claims.* The Court granted Defendant's motion.After Plaintiff tested Defendant's accused process and deposed Defendant's employee, Plaintiff filed this Motion to Dismiss with prejudice. [read post]
25 Nov 2015, 7:05 pm by Bill Marler
One additional test is needed to confirm that the vegetables carried the same E. coli strain connected with the outbreak, he said. [read post]
31 Aug 2009, 3:05 pm
Plaintiff's attorney claims that police officer was traveling nearly 30 mph over the posted speed limit and was not using his siren at the time of the crash. [read post]
21 Jul 2020, 8:51 pm by Robert McKennon
There is no objective test,such as an imaging study or blood test, to definitively prove that someone is feeling tired or weak. [read post]
7 Apr 2008, 1:50 pm by Lead Counsel
The California Supreme Court put a possible crimp into the plaintiff's bar with the JOHNSON v. [read post]
27 Jan 2014, 12:34 pm
The toxicologist also claimed that hair testing more than 90 days after the alleged drug use was scientifically unreliable. [read post]
27 Apr 2022, 6:10 am by Rebecca Tushnet
Nor were plaintiff’s studies required to specifically test defendant’s product to be probative of its efficacy. [read post]
18 Jun 2014, 5:00 am
  People with multiple positive tests for beryllium sensitization are at a higher risk of Chronic Beryllium Disease. [read post]
8 Sep 2011, 9:22 am by Molly DiBianca
” By no means is either test a difficult one to satisfy and, in all reality, the motion is likely to be granted. [read post]
20 Nov 2017, 6:07 am by Rebecca Tushnet
  Although the court accepted that a plaintiff must plead the existence of a study that tests the combination of ingredients used in a given product, that means the active ingredient/s in combination. [read post]