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In the Dog Days of Summer, Prescription Pet Food Conspiracy Case Beats a Motion to Dismiss in Kansas
2 Sep 2021, 11:19 am
Eventually, plaintiff discovered the prescription did not require the purchase of prescription dog food because the prescribed food contained neither medicine nor drugs and was not even required to be tested or approved by the Food and Drug Administration (FDA). [read post]
2 Sep 2021, 10:27 am
While the new language has not been tested, plaintiffs’ lawyers will no doubt argue that the phrase “immediate and appropriate” creates extra temporal urgency on a defendant employer to act, in order to successfully invoke the defense. [read post]
2 Sep 2021, 10:15 am
Seuss case, which empashized that the use there wasn’t explicitly misleading in part because the cover “conspicuously lists” the authors of the book and not the plaintiff. [read post]
2 Sep 2021, 10:13 am
” AIHTS standards allegedly tolerate traps in which up to 20% of animals tested demonstrate physical and emotional suffering, while BMP accepts 30%. [read post]
2 Sep 2021, 9:00 am
Rule Out Contributory Negligence While Maryland law does feature the plaintiff-favoring substantial factor test as noted above, plaintiffs must also unfortunately deal with the state’s antiquated contributory negligence rule. [read post]
2 Sep 2021, 6:03 am
” Finally, the court held that the representative plaintiff criterion had been satisfied. [read post]
2 Sep 2021, 6:03 am
” Finally, the court held that the representative plaintiff criterion had been satisfied. [read post]
1 Sep 2021, 10:06 am
The Shelbys are essentially unusable for sustained track driving—the main reason many Plaintiffs bought the car. [read post]
1 Sep 2021, 7:35 am
Causation-in-fact is determined using either the “but for” test (when a single negligent act is at issue), or the substantial factor test (when two or more independent negligent acts may have contributed to the injury). [read post]
1 Sep 2021, 7:28 am
The court could have said this was an argument that has never been tested before. [read post]
1 Sep 2021, 3:00 am
In this case, the plaintiff Tapia was not one of the parties to the settlement agreement. [read post]
1 Sep 2021, 3:00 am
In this case, the plaintiff Tapia was not one of the parties to the settlement agreement. [read post]
31 Aug 2021, 9:01 pm
” Mexico may argue that by choosing only domestic actors in its specific enumeration of potential plaintiffs, Congress did not intend to reach foreign sovereign plaintiffs. [read post]
31 Aug 2021, 11:26 am
Auto accidents: head-on or rear-end collisions, T-bones. [read post]
31 Aug 2021, 10:35 am
In general, a plaintiff in a civil claim based on the driver negligently driving under the influence of drugs will need to prove that the driver had a duty towards the plaintiff, failed to meet that duty by acting or failing to act in some way, caused the plaintiff’s injuries, and the plaintiff suffered damages. [read post]
31 Aug 2021, 10:33 am
Copyrightability of Software: The Next Big Case The software at issue here is most aptly described as a programming language that consists of a set of functions & options that the plaintiff calls “input formats” used to produce formatted reports. [read post]
31 Aug 2021, 1:03 am
Plaintiffs seek an order requiring Clearview to destroy the collected information. [read post]
30 Aug 2021, 6:13 pm
Laboratory analysis shows that of the 104 samples collected, 19 tested positive for the pathogen Listeria monocytogenes and four tested positive for other strains of Listeria. [read post]
30 Aug 2021, 2:12 am
Indeed, no publicly available study of Neuriva exists, and Plaintiffs have found no indication that Neuriva’s efficacy has ever been studied or tested. [read post]
30 Aug 2021, 12:19 am
The plaintiff argued that the producer of the car had used illegal software to manipulate the results of the emissions tests. [read post]
