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9 Jun 2021, 5:03 pm
The court evaluated Google’s Section 230 defense using the standard three-prong test as enunciated by the Ninth Circuit in Barnes v. [read post]
9 Jun 2021, 5:03 pm
The court evaluated Google’s Section 230 defense using the standard three-prong test as enunciated by the Ninth Circuit in Barnes v. [read post]
9 Jun 2021, 5:03 pm
The court evaluated Google’s Section 230 defense using the standard three-prong test as enunciated by the Ninth Circuit in Barnes v. [read post]
9 Jun 2021, 4:35 pm
Plaintiffs have tried, and some courts have bought their arguments. [read post]
9 Jun 2021, 8:26 am
Under that test, courts will look at the defendant’s conduct to determine if it was a substantial factor in causing the plaintiff’s injuries. [read post]
6 Jun 2021, 11:46 am
-based plaintiffs’ law firms (identified by name here). [read post]
6 Jun 2021, 7:25 am
After she was admitted, the defendant nurse took her blood pressure four times and noted it was increasing, and additional testing indicated she had protein in her urine. [read post]
4 Jun 2021, 12:30 pm
Applying a seven-factor test the Tenth Circuit explains that yes they were. [read post]
4 Jun 2021, 12:06 pm
When examining a substantive due process claim the Court applies a two-part test: (1) whether the plaintiff has shown a deprivation of a constitutionally protected liberty interest, then (2) whether the government’s discretionary conduct that deprived that interest was constitutionally repugnant. [read post]
3 Jun 2021, 12:04 pm
In some cases, these lawsuits have been combined into multi-district litigation, allowing multiple plaintiffs to pursue compensation for injuries caused by defective drugs. [read post]
3 Jun 2021, 12:01 pm
The Brandenburg test applies to civil cases as well. [read post]
3 Jun 2021, 11:31 am
Applying this test, the court determined that the defendants knew or should have known that the evidence they destroyed “may be relevant to future litigation,” the plaintiffs were prejudiced by the destruction of the information, and the lost ESI (electronically stored information) could not be “restored or replaced through additional discovery. [read post]
3 Jun 2021, 11:31 am
Applying this test, the court determined that the defendants knew or should have known that the evidence they destroyed “may be relevant to future litigation,” the plaintiffs were prejudiced by the destruction of the information, and the lost ESI (electronically stored information) could not be “restored or replaced through additional discovery. [read post]
3 Jun 2021, 11:31 am
Applying this test, the court determined that the defendants knew or should have known that the evidence they destroyed “may be relevant to future litigation,” the plaintiffs were prejudiced by the destruction of the information, and the lost ESI (electronically stored information) could not be “restored or replaced through additional discovery. [read post]
3 Jun 2021, 6:36 am
The test originated in the foundational case of Bardal v Globe and Mail Ltd., a 1960 Ontario decision. [read post]
3 Jun 2021, 5:29 am
The short version is that we have a plaintiff (the patent holder) and a defendant (which for the sake of the argument is deemed by the court to be infringing the patent-in-suit). [read post]
3 Jun 2021, 3:00 am
The district court denied Pacific Gas and Electric’s (“PG&E”) motion to dismiss plaintiff Dan Clark’s Clean Water Act (“CWA”) claim. [read post]
3 Jun 2021, 3:00 am
The district court denied Pacific Gas and Electric’s (“PG&E”) motion to dismiss plaintiff Dan Clark’s Clean Water Act (“CWA”) claim. [read post]
2 Jun 2021, 3:00 am
In this case, it was alleged that the plaintiff was injured because of the design defect in the Clark Equipment’s skid-steer loader when the loader tipped over on the plaintiff and severely damaged his leg, foot and ankle. [read post]
1 Jun 2021, 9:04 am
Therefore, it reviewed the agreement under the “rule of reason,” test included in the Restatement (Second) of Contracts, which requires that the restraint be no greater than necessary to protect the plaintiff’s legitimate business interest and that the plaintiff’s need not be outweighed by the hardship to the defendant and the likely injury to the public. [read post]
