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29 Nov 2014, 11:28 am
Kerin alleged four caused of action predicated on Massachusetts law against the manufacturer- based on the notion of CSST’s susceptibility to lightning strikes: “strict liability for design and manufacturing defects, negligence in design[ing] and failing to test the product, negligence in failure to warn, and strict liability in failure to warn. [read post]
29 Nov 2014, 11:28 am
Kerin alleged four caused of action predicated on Massachusetts law against the manufacturer- based on the notion of CSST’s susceptibility to lightning strikes: “strict liability for design and manufacturing defects, negligence in design[ing] and failing to test the product, negligence in failure to warn, and strict liability in failure to warn. [read post]
13 Oct 2011, 2:08 pm
Admiral Webster, the Plaintiff, was an employee of Koyo Corporation. [read post]
7 Mar 2018, 7:14 am
” Furthermore, the plaintiff must also show that there are substantial similarities under both tests. [read post]
12 Apr 2024, 4:30 am
In other words, a but-for test directs us to change one thing at a time and see if the outcome changes. [read post]
18 Oct 2012, 12:21 pm
Suddenly, the concrete I-beam supporting the plaintiffs collapsed, and the plaintiffs fell to the creek below and were injured. [read post]
18 Jan 2013, 7:50 am
[but went] on in each report to summarily state that pain associated with plaintiff's fibromyalgia is not disabling"). [read post]
1 Jun 2009, 6:00 am
CalBizLit has lamented on many occasions the facts that (a) California is not a Daubert jurisdiction, and (b) even our version of the Frye test (known in these parts as the Kelly test) has limited application, being available only to exclude new tests. [read post]
27 Feb 2017, 6:25 am
In pretrial rulings, the court found the “but for” causation test was appropriate in this case, but that it was not appropriate to apply contributory negligence against the plaintiff. [read post]
22 Aug 2011, 5:43 am
The first prudential test discussed in Famous Horse is the “strong categorical” test requiring competition between plaintiff and defendant along with competitive injury. [read post]
16 Sep 2006, 4:42 pm
Although the arbitration "related to" plaintiff's claim and met other requirements of the Convention, the court agreed with plaintiff that the arbitration clause did not fall under the Convention and that defendant failed to satisfy the four-part Lim test. [read post]
27 Apr 2010, 10:28 pm
Plaintiff Zobmondo’s WOULD YOU RATHER …? [read post]
12 May 2012, 12:07 pm
" According to the plaintiffs, Maddow's comments proliferated in the media and led to Dean receiving Internet death threats from gay activists. [read post]
11 Dec 2009, 11:47 am
Concluding its discussion of willfulness, the court noted the record fully supported the trial court’s other conclusions and that there was no abuse of discretion as to the willfulness element of the three part test. [read post]
28 Jan 2014, 3:36 pm
There is no one test that applies to each and every constitutional provision; it largely depends upon the values the constitutional right in question is designed to serve. [read post]
11 Feb 2009, 4:01 pm
He received a positive diagnosis on February 6, 2006 and while it is unclear exactly when plaintiff was tested (and received a negative test result) it appears it was within 9 days. [read post]
6 Aug 2007, 2:58 pm
This gives Becton, the court found, sufficient notice of the particular grounds of plaintiffs' claims, particularly given the fact that plaintiffs have not yet had the benefit of discovery. [read post]
13 Dec 2016, 10:26 am
A recent case before the Tennessee Court of Appeals applies this test in considering a negligence claim from a teenage plaintiff who fell while at summer school. [read post]
17 Feb 2022, 8:03 am
“Plaintiff seeks to recover ‘payments for COVID-19 testing and related services’ from three groups of defendants, totaling dozens of entities. [read post]
13 Dec 2016, 10:26 am
A recent case before the Tennessee Court of Appeals applies this test in considering a negligence claim from a teenage plaintiff who fell while at summer school. [read post]
