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9 May 2017, 10:39 am
Thus, the court concluded that Defendant had “the legal right” to obtain the discovery sought—the relevant test in the Seventh Circuit. [read post]
9 May 2017, 10:39 am
Thus, the court concluded that Defendant had “the legal right” to obtain the discovery sought—the relevant test in the Seventh Circuit. [read post]
21 May 2020, 1:18 pm
An inmate currently serving time in Miami-Dade jail is drawing attention after testing positive for COVID-19. [read post]
22 May 2007, 12:40 pm
All 15 judges are reviewing a split decision of a 3-judge panel on the proper test to be used in deciding whether school board meetings can be opened with sectarian prayers. [read post]
9 Jul 2019, 4:11 am
” ” “”‘The test as to when a plaintiff should have discovered an alleged fraud is an objective one. [read post]
9 Jul 2019, 4:11 am
” ” “”‘The test as to when a plaintiff should have discovered an alleged fraud is an objective one. [read post]
15 Feb 2020, 7:28 am
Those tests have since spurred Congressional oversight committees to call for standardized testing methods and terminology to dispel ambiguity about how results are interpreted and ensure the public at large is protected from products containing deadly asbestos. [read post]
4 Jul 2010, 7:51 pm
Eight months ago, Glaxo Smith Kline (GSK) lost its first test case to defend the company’s flagship antidepressant, Paxil, against allegations the medicine causes severe birth defects. [read post]
25 Aug 2021, 2:03 am
The manufacturers of consumer products have a duty to perform reasonable tests to ensure that their product is safe for use. [read post]
5 Sep 2023, 6:50 am
The damages model didn’t need to isolate and test various possible interpretations of a challenged term; it could assume that the plaintiff’s theory of liability (falsity/misleadingness) was true at the class certification stage. [read post]
7 Apr 2014, 4:00 am
Particularly, I look at the emergence of the “volitional conduct” test to mediate disputes over direct liability on the internet. [read post]
30 Oct 2023, 4:05 am
The lower court rejected the claim by the plaintiffs. [read post]
9 Jul 2018, 3:53 pm
Applying a two-part test to guide district courts in applying judicial estoppel, the court held that plaintiff took an inconsistent position under oath in a separate proceeding and the inconsistent positions were calculated to make a mockery of the judicial system. [read post]
2 Oct 2013, 12:49 pm
The Circuit Court found for the plaintiffs. [read post]
16 Jun 2011, 12:42 pm
The differences in how the courts applied the test controlled. [read post]
12 Sep 2014, 7:12 am
Surveys require time: time to carefully construct, time to properly test, and time to challenge and dispute. [read post]
4 Feb 2014, 7:13 am
It always starts with a survey, which the plaintiffs did. [read post]
a rare freestanding UCL unfairness claim re: service termination that rendered cameras nonfunctional
15 Sep 2020, 12:30 pm
’” Unfairness under the UCL: Courts are divided on how to assess unfairness, but plaintiffs invoked the balancing test: it asks whether the alleged business practice “is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers and requires the court to weigh the utility of the defendant’s conduct against the gravity of the harm to the alleged victim. [read post]
25 Oct 2012, 6:45 am
Under the "but for" test, the plaintiff loses.The Court of Appeals (Raggi, Carney and Calabresi) says that "the overwhelming documentary evidence support[s] LVI's articulated non-discriminatory reason for terminating Fried: the need to ensure that CEO State would be free to manage the company as he saw fit. [read post]
21 Apr 2014, 3:51 am
When plaintiff left the event between 6:30 and 7:00 p.m., it was dark outside. [read post]
