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23 Apr 2010, 9:29 am
For the establishment claim, the Court held that Plaintiffs had failed to actually test the properties of the products in the ad, and that "[t]his type of unsubstantiated 'scientific' claim is precisely what the Lanham Act seeks to prevent. [read post]
17 Dec 2019, 12:25 pm
Uber, however, continues to insist its drivers are not employees under the ABC test established in the landmark Dynamex decision last year. [read post]
26 May 2016, 6:51 am
” As such, Delaware case law on the direct-or-derivative issue, under the two-prong test of Tooley v. [read post]
28 Jul 2019, 8:10 am
County May 31, 2019)” “Upon motion by the defendant, Southern California Edison (‘defendant’), law firm Quinn Emmanuel Urquhart & Sullivan LLP (the ‘Firm’), was disqualified from representing victims (plaintiffs) of a deadly fire in California last fall (the ‘Woolsey Fire’). [read post]
15 Nov 2009, 7:06 am
The following blog entry is written from a defendant’s position after a jury trial verdict for plaintiff. [read post]
21 Aug 2007, 5:25 am
NOTE: In the Ninth Circuit, the test for granting a writ of mandate involves a consideration of five factors: “1. [read post]
18 Sep 2024, 9:28 am
In an opinion by Judge Wilkins, joined by Chief Judge Srinivasan and Judge Childs, the court aimed to clarify when to relax the Article III standing test for a procedural rights claim. [read post]
8 Aug 2019, 10:03 am
Also, the court opines that her opinion is not based on a theory that can be tested, subject to peer review, or have a known or potential rate of error. [read post]
18 Aug 2024, 11:00 pm
While the Supreme Court has imposed a more defendant-friendly "but-for" causation test for other civil rights statutes, including Sections 1981 and 1983, the more plaintiff-friendly "motivating factor" test still governs the Fair Housing Act. [read post]
16 May 2012, 2:09 pm
If plaintiffs' evidence of causation was so lacking in the high-profile Strudley case, why shouldn't all similar hydrofracking cases be "tested" by Lone Pine? [read post]
25 May 2012, 8:27 am
If plaintiffs' evidence of causation was so lacking in the high-profile Strudley case, why shouldn't all similar hydrofracking cases be "tested" by Lone Pine? [read post]
25 May 2012, 8:27 am
If plaintiffs' evidence of causation was so lacking in the high-profile Strudley case, why shouldn't all similar hydrofracking cases be "tested" by Lone Pine? [read post]
22 Oct 2010, 9:58 am
He subsequently ruled out ischemic stroke, but did not order a test to confirm this, and performed a CT scan instead. [read post]
10 Dec 2019, 6:53 am
Brennan, 511 U.S. 825 (1994), which provides a two-part test: plaintiff must show he faced a substantial risk of serious harm, and plaintiff must show that prison officials were deliberately indifferent to that risk. [read post]
9 Jul 2018, 7:40 pm
Regardless of the number of years this policy remains in force or the number of premiums paid, no Limit of Insurance cumulates from year to year or period to period.On the issue of the number of occurrences, Supreme Court rejected plaintiff's asserted reliance on the "unfortunate-event test" and held that the former bookkeeper's series of thefts from plaintiff constituted "one occurrence" under the policy and, therefore, was subject to the… [read post]
22 Jun 2016, 6:34 am
Supreme Court because the department threw out their test scores. [read post]
7 Apr 2015, 7:08 am
”Plaintiff loses the case. [read post]
21 Jun 2024, 8:27 am
Plaintiff would be president and CEO of this independent LOC. [read post]
3 Feb 2014, 1:39 pm
Though the caselaw is unsettled about the meaning of “unfairness” in consumer cases, plaintiffs couldn’t satisfy any of the tests. [read post]
25 Jun 2018, 6:29 am
Ct. 2466 (2015), and not the pro-law enforcement subjective test that applies when the plaintiff has already been convicted. [read post]
