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16 Jun 2020, 7:41 am
The Court explained: Tennessee decisions have rejected the proposition that a healthcare liability defendant has a duty to assist a plaintiff achieve compliance or to test whether an obviously deficient HIPAA form would allow the release of records. [read post]
14 Dec 2016, 11:29 am
The defendant’s expert provided an opinion that the epidural steroid injections and chiropractic visits (beyond six of them) were unreasonable, since there was no testing confirming that the plaintiff had suffered from radiculopathy. [read post]
15 Feb 2016, 12:24 pm
Plaintiff Hyo Hyun was playing an arcade game, The King of Hammer, when he was struck by a piece attached to the game. [read post]
28 Jul 2010, 12:46 am
" For the remainder of the opinion, Judge Marrero worked this metaphor that the prior test is dead and buried. [read post]
7 Jul 2022, 5:00 pm
A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a particular kind are treated as contractors. [read post]
8 Nov 2018, 3:34 pm
The plaintiff will need to provide evidence the defendant was negligent and that the defendant’s negligence caused the plaintiff’s damages. [read post]
14 Nov 2014, 3:59 am
Intrinsic Test The Court did not consider expert testimony or plaintiff’s opinion (because she was a musician) because they were not ordinary observers. [read post]
4 Aug 2010, 2:18 pm
The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58. [read post]
28 Jul 2021, 6:23 am
A determination of the fairness of an indemnity policy in terms of section 48(2)(a) and (b) involves the application of the seminal test of Barkhuizen v Napier 2007 (5) SA 323 (CC). [read post]
22 Jul 2021, 5:41 am
A determination of the fairness of an indemnity policy in terms of section 48(2)(a) and (b) involves the application of the seminal test of Barkhuizen v Napier 2007 (5) SA 323 (CC). [read post]
14 Jan 2010, 1:43 am
After considering the terms of the Contract, which expressly provided that they should not be construed to create an employment relationship whether expressly or implied between AIA and the plaintiff, the court held that there was no employment relationship between the plaintiff and AIA under the Contract or in reality. [read post]
17 Oct 2016, 10:48 am
Steckel did not survey the actual patented functionalities, but rather tested much broader features; 2) That Dr. [read post]
27 Sep 2012, 2:49 pm
That test requires a plaintiff to show:(1) that the legal action is objectively baseless; and(2) that the opposing party had the subjective intent to injure the party's ability to compete.Leadscope involved a claim of trade secrets misappropration over software code. [read post]
19 Jun 2019, 11:22 am
The plaintiff hired William Kitzes, J.D. [read post]
30 Nov 2015, 11:34 am
The court disagreed, stating that the magistrate judge that originally heard the arguments on the case provided a long description of his qualifications, which was more than enough to pass the Daubert test. [read post]
22 Dec 2021, 11:30 am
” In addition to offering its own expert’s report that they were not, Disney cited the Plaintiffs’ expert’s admissions that he formed his opinion without reviewing any works in the pirate genre, that he merely had “passing familiarity” with the genre, and that he was unfamiliar with the Ninth Circuit’s extrinsic test for determining substantial similarity. [read post]
12 Apr 2019, 8:49 am
Last, the defendant claims that Borison’s testimony is not reliable because his opinions are not supported by testing and do not address alternative causes. [read post]
13 Sep 2019, 8:28 am
Rider’s methodology is common in the professional and scientific community’ 2) the over-reliance on the plaintiff’subjective testimony; and 3) the lack of any testing or replication of the circumstances behind the slip and fall. [read post]
3 Nov 2008, 11:51 pm
Spacey, demonstrating many non-physiological findings, such as a vibration which respects the midline (a test performed by Dr. [read post]
12 Jun 2019, 7:15 am
The plaintiff has taken into custody because he refused a field sobriety test. [read post]
