Search for: "Application of Harms"
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18 Aug 2017, 10:43 am
Supreme Court’s Spokeo decision last year, which left the door open to varying interpretations regarding its application. [read post]
28 Jan 2024, 9:06 am
The application also avers that the two White applicants it represents in the case will suffer “irreparable harm” absent an injunction because West Point is about to “illegally discriminate against thousands of applicants for the class of 2028—including two of 26 SFFA’s members—based on their skin color. [read post]
16 Mar 2012, 8:10 am
In a recent Chancery Court hearing on an application for a temporary restraining order, the court was quick to point out plaintiff’s apparent four month delay after learning of the defendants activities before seeking the TRO. [read post]
19 Jan 2013, 8:31 am
The doctor said that while he had never conducted or published a study on the matter, he said he came to his conclusion with several decades of "practical applicability." [read post]
10 Sep 2008, 2:22 am
Merck had sued Apotex for patent infringement when Apotex filed an Abbreviated New Drug Application ("ANDA") with the FDA for a generic version of FOSAMAX ®, which is used to treat and prevent osteoporosis. [read post]
4 Feb 2010, 12:25 pm
Not surprisingly, the Republican-controlled legislature failed to pass a similar measure applicable to the attorneys representing employers and insurance companies. [read post]
28 Jul 2020, 4:10 pm
In some cases, however, even if a doctor’s diagnosis is delayed, the doctor may not be held liable for any harm suffered by the patient if the applicable standard of care does not require a doctor to consider all possible diagnoses. [read post]
18 Dec 2021, 8:51 pm
They must comply with any applicable procedural requirements and deadlines, however, and if they do not, they may waive the right to pursue certain claims. [read post]
17 Apr 2024, 8:20 am
Excessive force refers to the application of force by law enforcement officers that exceeds what is reasonably necessary to effectively control a situation, prevent harm, or make an arrest. [read post]
14 Sep 2022, 4:45 pm
The loss of First Amendment rights for even a short period constitutes irreparable harm.... [read post]
15 Jan 2020, 4:37 am
A notable argument to watch out for is the applicability and scope of the statute’s “foreseeable harm” provision. [read post]
20 Aug 2014, 7:08 am
"[Plaintiff] claims that it will succeed on the merits because this court erred in its application of the law with respect to motivations to combine the prior art and inherency. [read post]
14 Aug 2023, 9:01 pm
” This exception is written to preclude its application to mental health emergencies or threats of self-harm, which were often used by doctors to justify abortions under the pre-Roe bans in Texas and elsewhere.The scope and application of the medical emergency exception is totally unclear on its face. [read post]
30 Apr 2010, 9:11 am
BLUF: "Becuase there was consitutional error in the punishment phase of the applicant's trial by which he was egregiously harmed, we remand this case to the trial court for new punishment. [read post]
30 Mar 2021, 3:49 pm
Within the confines of the applicable rules, people harmed by medical malpractice have the right to choose where to pursue claims against the health care providers that caused their harm. [read post]
26 Apr 2020, 11:55 am
In any lawsuit in which a patient alleges he or she suffered harm due to medical malpractice, the plaintiff must establish that the treating doctor breached the applicable standard of care. [read post]
16 Aug 2021, 5:23 am
Putting it in another way, is the purpose of naming inventors only about deciphering responsibility for the inventive effort or should it be also about imputation of liability for harm done or choices made in relation to the invention? [read post]
12 Sep 2023, 6:29 am
But these non-attorneys may cause their customers great harm – putting Medicaid applicants at risk for a number of serious issues including denial of eligibility, severe tax liability, loss of spousal assets and other situations that may threaten the client’s life savings and other assets. [read post]
9 Feb 2017, 6:00 am
The Applicant sought full payment of the general damages amount agreed to in the settlement and a further $1,000 for the harm caused by the breach. [read post]
26 Jun 2019, 3:39 pm
FMI leaves open whether the contractor could still advocate for Exemption 4’s applicability under those circumstances (e.g., by relying upon the first condition as triggering its applicability alone, or perhaps by relying upon the first condition in conjunction with a showing of “some” competitive harm if the information were disclosed, akin to what the dissenting opinion in FMI would have required). [read post]
