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23 Oct 2007, 4:33 am
In addition, the plaintiffs argue that a typical EKG to test heart function only costs about $150-a small price to pay if it saves lives. [read post]
27 Oct 2017, 7:17 am by Rebecca Tushnet
”  Plaintiffs submitted evidence that Verified Nutrition exists as a Nevada limited liability company, disproving the claim that it is a “fake company,” as well as evidence that they spent approximately $150,000 in testing the ingredients of prostate supplements to review them on Prostate Report, which goes to the “fake review” statements. [read post]
18 Sep 2023, 6:47 am by Jay R. McDaniel, Esq.
The test for that is whether the information derives economic value from its not being generally known. [read post]
9 Jun 2015, 8:32 am by Will Bland, IV
The Court applied the Fifth Circuit’s nine factor test for the borrowed servant doctrine. [read post]
15 Jan 2011, 10:18 am
This science for hire makes litigation often a battle of experts, which often puts plaintiffs at a disadvantage. [read post]
29 Feb 2012, 11:42 am by admin
., the maker of luxury leather items, most notably leather bags, sued Triumph Learning, a provider of test preparation services under the Dilution Revision Act of 2006, for trademark dilution. [read post]
29 Apr 2021, 12:50 pm by Robert J. Fleming
The subject matter of their testimony often relates to the the injuries that the plaintiff complains of in the lawsuit, the medical and/or dental treatment rendered to Plaintiff and the resulting injuries, limitations and damages. [read post]
19 Nov 2012, 6:55 am by Stanley D. Baum
The test for whether a state law cause of action "relates to" an employee benefit plan-and is therefore preempted- is whether it has a connection with or reference to such a plan. [read post]
29 Nov 2010, 7:02 am by Moseley Collins
Bank of America. (1988) 202 Cal.App.3d 38, at 51 and 52, the court stated that the test for substantial evidence is: Substantial evidence, however, is not synonymous with any evidence. [read post]
21 Dec 2008, 10:08 pm
 Based on the plaintiffs' failure to do so, the Court agreed with the Appellate Division, First Department's determination that the plaintiff failed to demonstrate an essential element of their claim.Applying the test set out in Voss v. [read post]
23 Oct 2007, 1:45 pm
Honda argued that plaintiff was really challenging EPA testing guidelines, but the court didn't see that in the complaint. [read post]
4 Aug 2009, 3:58 pm
Cindy Jones alleges that she was negligently notified that she did not test positive for a highly contagious strain of staphylococcus (MRSA), causing her to fail to take precautionary measures and to unknowingly expose her family, including her daughter, the minor plaintiff, Tammy Jones, to the MRSA, resulting in the daughter's hospitalization. [read post]
2 Dec 2008, 7:47 pm
Accordingly, this is a good outcome but not one that should be expected to be frequently replicated in most products liability cases, because most products cases will not have facts that get plaintiffs past the test for whether a health care provider is in the chain of distribution for purpose of a products liability lawsuit. [read post]
22 Oct 2019, 7:38 am by Steven Cohen
Next, the defendant claims that the court should exclude Lorenzo’s opinion about the loss of useful life because he did not perform any testing to determine the thickness of the zinc coating on the metal panels. [read post]
13 Mar 2017, 10:52 am by Steven Cohen
The defendants also argue that Steinholt’s event study is unreliable for two reasons:  1) Steinholt’s selections for the inclusion dates introduced bias into the results; and 2) he failed to perform ex-ante hypotheses for the tested events. [read post]