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27 Sep 2021, 9:01 am
” The depiction was not explicitly misleading as to endorsement, which is what is required by the second prong of the test. [read post]
27 Sep 2021, 7:48 am
First, plaintiffs argue that the provision fails the ambiguity test under Pennhurst State Sch. v. [read post]
27 Sep 2021, 2:41 am
As a result of their test finding, the plaintiffs alleged that Purina misrepresented the contents of these premium-priced products. [read post]
26 Sep 2021, 8:08 pm
Before this decision was issued, corporate litigators would need to decide whether the Aronson test or the Rales test should apply to the analysis, but this decision affirmed the Court of Chancery opinion which has questioned the continued utility of the Aronson test. [read post]
26 Sep 2021, 7:28 pm
In that opinion, the Chancery Court found that shareholder plaintiffs also passed the Caremark pre-suit demand test because they adequately alleged that the defendant pharmaceutical company’s directors insulated themselves from bad news and turned a blind eye to red flags concerning a subsidiary’s criminal enterprise of dangerous cancer drug repackaging. [read post]
26 Sep 2021, 7:46 am
” The complaints allege further that because of the conflicts of interest and tainted process, the mergers “cannot meet the entire fairness test. [read post]
25 Sep 2021, 3:24 pm
In California, plaintiffs typically have two years after the date of a dog bite incident to file a civil lawsuit.The sooner you file a lawsuit, the sooner the court places your case on its docket. [read post]
25 Sep 2021, 8:11 am
Plaintiff's Instagram Post Was Unquestionably Protected Speech Under the First Amendment. [read post]
24 Sep 2021, 12:08 pm
It sets forth a test that Pennsylvania's right of publicity statute satisfies because the statute grants people monopolies in their likenesses. [read post]
24 Sep 2021, 7:50 am
. While there are many theories of recovery being asserted, most of these cases claim coverage for the plaintiff businesses under the Business Income, Extra Expense and Civil Authority coverage provisions within the policies. Plaintiffs in these claims have generally (78%) filed single claims against their insurance carriers, leaving the remaining plaintiffs to file various state and federal class… [read post]
24 Sep 2021, 5:00 am
The court noted that the Plaintiff could pursue a claim for wrongful discharge under the Medical Marijuana Act after her hospital employer discharged her for a positive drug test. [read post]
24 Sep 2021, 4:00 am
The court later decided that the plaintiffs’ Fourth Amendment claim was unlikely to succeed on the merits—the plaintiffs filed a petition for rehearing en banc. [read post]
24 Sep 2021, 3:10 am
However, it was not obvious whether this test provided by Nnaemeka Agu JSC was strict. [read post]
23 Sep 2021, 9:08 pm
In addition to their vaccination status, travelers will also need to provide proof of a negative COVID-19 test prior to entering the country. [read post]
23 Sep 2021, 2:12 pm
(a) Certain statements about the presence of Tucker’s blood in the defendant’s car were a reasonable inference from evidence introduced at trial, though no DNA samples were recoverable from sections of carpeting that had been shown through testing to contain human blood. [read post]
23 Sep 2021, 12:40 pm
So how does this test work in practice? [read post]
22 Sep 2021, 9:01 pm
” Moreover, there are no prenatal tests capable of detecting fetal abnormality, chromosomal or otherwise, before the cut-off for legal abortion under SB 8.Well, at least there must be an exception for pregnancy resulting from rape or incest? [read post]
22 Sep 2021, 6:15 pm
Plaintiff, a small private high school, sent a request form to ACT in order to permit students’ ACT test scores to be reported to the school. [read post]
22 Sep 2021, 12:12 pm
To support its argument, Grubhub cited a line of cases holding that statutory causes of action are abated when the statute providing the cause of action is repealed before the plaintiff obtains a judgment. [read post]
22 Sep 2021, 9:27 am
The order was reversed and the matter remitted for a genetic marker test to be administered. [read post]
