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10 Mar 2023, 2:42 pm
”[10] Crain signaled that he would move in the direction of code-based analysis rather than fact-specific inquiry the court adopted.[11] He then suggested that the “zone of danger test” was applicable in this case, and Valero did not breach its duty to the plaintiffs because there were no chemicals released into the area of their homes. [read post]
10 Mar 2023, 2:42 pm
”[10] Crain signaled that he would move in the direction of code-based analysis rather than fact-specific inquiry the court adopted.[11] He then suggested that the “zone of danger test” was applicable in this case, and Valero did not breach its duty to the plaintiffs because there were no chemicals released into the area of their homes. [read post]
11 May 2013, 10:35 pm
Further, in Dabur-Colortek the court had relied on a test to ascertain whether there has been any disparagement – "(1) The intent of the advertisement [..] (2) The overall effect of the advertisement [..] (3) The manner of advertising [..]." [read post]
21 Aug 2019, 2:41 am
CommentThis case represents a missed opportunity (on the part of the plaintiff) to procure judicial precedent for the copyright community in Nigeria on the question of screenplay litigation and the factors that Nigerian courts would find applicable in conducting the substantial similarity test. [read post]
12 Nov 2009, 9:35 pm
Lee) the Plaintiff alleged she suffered a traumatic brain injury. [read post]
10 Oct 2023, 2:04 pm
If a PhD student fails four or more content areas, the student is deemed to have failed the entire exam and must re-take the exam at the next available testing date. [read post]
15 May 2024, 10:00 am
" Viewed in the light most favorable to plaintiff as the nonmovant (see Vega v Restani Constr. [read post]
24 Jan 2013, 10:36 am
After citing the test, however, the court notes that the plaintiffs’ statistician had conducted a proper regression analysis reflecting that the promotion rate for males was 60% higher than for females, so the reference to the 4/5 rule was likely irrelevant. [read post]
2 Jan 2013, 2:46 am
Oct. 15, 2012) - This thoughtful opinion by the District of North Dakota offers a way of testing bad factual theories before going into full-fledged discovery, by bifurcating the case into the test of the weak theory first. [read post]
15 May 2024, 10:00 am
" Viewed in the light most favorable to plaintiff as the nonmovant (see Vega v Restani Constr. [read post]
15 Dec 2009, 8:23 am
The allegedly infringing product was designed, manufactured, and tested elsewhere. [read post]
4 May 2018, 7:06 am
However, federal courts often still use this test (though state law may still be applied). [read post]
28 Nov 2022, 5:29 am
Once he did that, the company’s adversary was entitled to learn about communications with the company’s counsel to test the truth of that statement. [read post]
23 Sep 2023, 8:01 am
A checkup with your physician (and some diagnostic tests) does not reveal injuries, either. [read post]
26 Sep 2022, 9:19 am
The plaintiff first visited Dr. [read post]
4 Nov 2011, 6:49 am
The class of plaintiffs consisted of some 1.5 million women who worked at Wal-Mart throughout the U.S. and allegedly suffered discriminatory pay and promotion practices at any point during or after December 1998. [read post]
4 Nov 2011, 6:49 am
The class of plaintiffs consisted of some 1.5 million women who worked at Wal-Mart throughout the U.S. and allegedly suffered discriminatory pay and promotion practices at any point during or after December 1998. [read post]
18 Mar 2024, 6:00 am
" The State Court of Appeals explained that for the purposes of the impact test, a failure to hire or promote case is distinct from a discriminatory termination case. [read post]
1 Oct 2012, 5:00 am
During the due diligence period, the plaintiff/buyer and its agents were permitted to enter the property at any time to inspect it and conduct tests. [read post]
18 Mar 2024, 6:00 am
" The State Court of Appeals explained that for the purposes of the impact test, a failure to hire or promote case is distinct from a discriminatory termination case. [read post]
