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21 Jan 2024, 3:48 am
The plaintiffs, residents of Ontario, were injured on a gondola ride in Venice, Italy. [read post]
22 Sep 2015, 12:32 pm
The Court pointed out that the test for whether a function is discretionary is the planning-operational test, and that “[d]ecisions that rise to the level of planning or policy-making are considered discretionary acts which do not give rise to tort liability, while decisions that are merely operational are not considered discretionary acts and, therefore, do not give rise to immunity. [read post]
31 May 2012, 5:27 pm
In Nebraska, the test for determining whether statutes create duties is: whether the statute is enacted to protect a class of persons which includes the plaintiff; whether the statute is intended to prevent the particular injury that has been suffered; and whether the statute is intended by the Legislature to create a private liability as distinguished from one of a public character. [read post]
19 Jul 2017, 6:47 am
Several of the plaintiff’s claims—including disability discrimination and wrongful termination—were dismissed and the plaintiff appealed. [read post]
12 Apr 2011, 12:20 am
Diminution in value is a necessary but not sufficient economic condition to warrant a decision for the plaintiff. [read post]
19 Dec 2011, 5:53 am
Johnson was unable to depose them to assess whether they are qualified or to assess what was done during the testing. [read post]
20 Apr 2017, 11:22 am
The court noted competing tests as to the application of California law, but found that the plaintiffs’ claims failed under either standard. [read post]
9 Jul 2013, 2:40 am
The lawsuit claims that Abbott failed to properly design and test the medication and did not provide adequate warnings of the dangers associated with its use by pregnant women. [read post]
20 Nov 2011, 5:53 am
Plaintiff, David Greene's, Opposition to Defendant, Robert Johnson, M.D.'s, Motion in Limine No. 10 Plaintiff, David Greene, a minor, by and through his Guardian ad Litem, Owen Greene, hereby opposes defendant, Robert Johnson, M.D.'s, Motion in Limine No. 10 for order precluding plaintiff from introducing all reports, data, opinions, etc., of speech therapist, Hadley Smith, Ph.D., and physical therapist, Cynthia Lee, P.T., and from allowing all experts from… [read post]
10 Apr 2008, 7:59 am
The district court rejected this, finding the four-factor test did not warrant an injunction.The Federal Circuit affirmed, finding the action not objectively unreasonable, as the case was not so clear-cut to make the district court's decision an abuse of discretion. [read post]
13 Feb 2012, 8:56 pm
However, AAI addressed only one issue: the defending transmission manufacturer’s argument that “[a]n antitrust plaintiff challenging a [monopolist’s] pricing practices must prove below-cost pricing using an accepted price-cost test. [read post]
31 Oct 2022, 11:02 am
[A federal judge suggested that plaintiffs can sue as John Does only to the extent that identifying them would also identify nonparties who want to remain anonymous (such as the students who accused the plaintiffs of sexual misconduct).] [read post]
17 Jan 2018, 7:01 am
That literature was based on a series of tests performed on the same battery type at issue in the case, and the tests indicated that when the batteries were exposed to heat, some but not all of the batteries ruptured. [read post]
11 May 2010, 6:20 am
The Court rejected the unfair and deceptive trade practices claim, holding that North Carolina's Chapter 75 was inapplicable under the "most significant relationship test" and that, even if it applied, the lack of actual damages was fatal to a UDTP claim. [read post]
16 Jul 2008, 4:28 am
Fla.).THE 'FAKE BAD SCALE'On the civil litigation front, a new test known as the Fake Bad Scale is increasingly being used by defendants in personal injury cases who claim that plaintiffs are lying or exaggerating about injuries. [read post]
28 Feb 2020, 7:57 am
The plaintiff’s negligence claims against Avondale involved asbestos exposure. [read post]
28 Feb 2020, 7:57 am
The plaintiff’s negligence claims against Avondale involved asbestos exposure. [read post]
28 Sep 2018, 3:58 am
” Plaintiff got a second opinion on September 17, 2014, where additional testing revealed that he still had prostate cancer, and a radical surgery was performed thereafter. [read post]
6 Jul 2016, 9:30 am
Tennessee law requires that the plaintiff in a negligence case prove that the defendant owed a duty of care, that the defendant breached the duty of care, that the plaintiff suffered an injury or loss, and that the defendant’s breach of duty was both the cause in fact and the proximate or legal cause of the plaintiff’s injury or loss. [read post]
22 Mar 2019, 1:44 pm
Plaintiff filed suit against defendants related to an allegedly defective conveyor belt. [read post]
