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1 Oct 2007, 11:17 am
ROBERT ABT, Plaintiff-Appellant, v. [read post]
16 Jul 2018, 2:28 pm
Then, the plaintiffs moved for class certification. [read post]
21 Dec 2009, 9:48 am
By contrast, Plaintiffs, in terms of both testing their pleadings and discovering their facts, want a free ride straight through to remand. [read post]
12 Jul 2015, 5:12 pm
Primary beneficiary test. [read post]
13 May 2024, 8:46 pm
It applies the “but-for” test, questioning whether the harm would have occurred if not for the defendant’s conduct. [read post]
26 Apr 2013, 7:07 pm
Plaintiff’s inscribed copy of the book was later stolen. [read post]
24 May 2013, 5:13 am
Doe No. 3, supra, we adopted a four-part test for determining whether and to what extent a plaintiff may obtain discovery designed to ascertain the identity of persons posting messages on an ISP message board. [read post]
30 Jan 2007, 4:57 am
Under that test, the federal court held that plaintiffs had adequately established commonality. [read post]
30 Sep 2015, 4:30 am
Before we get to the matters at hand in this opinion, we learn that the court had earlier dismissed claims for negligence per se and negligent failure to test or inspect. [read post]
23 Aug 2018, 10:37 pm
2) Substantial SimilarityKitty Kat performing on stage...- Matt BuckTo determine, for purposes of summary judgement, whether two works are substantially similar, a two-part analysis is undertaken - an objective extrinsic test and a subjective intrinsic test. [read post]
19 Dec 2017, 5:00 am
Under Delaware’s Rales test for demand futility, which applies to alleged violations of oversight duties under Caremark, plaintiffs must raise a reasonable doubt as to the board’s independence and disinterest to evaluate a demand that would expose the board to a "substantial likelihood of personal liability. [read post]
24 Aug 2018, 3:22 am
2) Substantial SimilarityKitty Kat performing on stage...- Matt BuckTo determine, for purposes of summary judgement, whether two works are substantially similar, a two-part analysis is undertaken - an objective extrinsic test and a subjective intrinsic test. [read post]
1 Aug 2023, 7:16 am
On appeal, the Federal Circuit disagreed with the lower court’s use of the multi-factor test. [read post]
4 Sep 2013, 4:30 am
Thus, in Kennedy the claim of failure to test was not a claim under the LPLA. [read post]
8 May 2022, 6:30 am
In the first test of a state’s board-diversity requirement, a Los Angeles County Superior Court judge has entered summary judgment in favor of the plaintiff in Crest v. [read post]
8 May 2022, 6:30 am
In the first test of a state’s board-diversity requirement, a Los Angeles County Superior Court judge has entered summary judgment in favor of the plaintiff in Crest v. [read post]
9 Dec 2009, 7:01 am
According to the court, Plaintiff Douglas Warney has an IQ that places him in the mentally retarded range. [read post]
6 Feb 2009, 6:25 pm
After air monitoring revealed unsafe levels of mercury vapor and urine tests detected elevated mercury in some residents, authorities had the building evacuated in January 1996. [read post]
31 Jan 2023, 9:13 am
Rather than inquiring about commonality, the Fifth Circuit held that Plaintiffs were unable to establish predominance, a similar but far more demanding test for determining whether classes are sufficiently cohesive. [read post]
4 Aug 2017, 3:24 am
In April 2005, based on the testing and plaintiff’s complaints of pain, defendant ordered an ultrasound, which “revealed findings consistent with benign prostate hypotrophy,” and defendant referred plaintiff to a urologist. [read post]