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29 Dec 2015, 9:17 am by Second Circuit Civil Rights Blog
" In other words, we apply a balancing test: is it worth it to place a higher burden on the defendant in any particular case? [read post]
14 Mar 2013, 7:22 am by WIMS
If on remand the plaintiffs press other claims, not discussed here, which fail to meet this test, defendants may move to dismiss those claims. . . [read post]
16 Apr 2013, 10:18 am
Applying this test, the court found that the preservative escaping from the poles was not “solid waste” because it was still serving its intended purpose and that it had not been thrown away or discarded by the utilities. [read post]
17 Dec 2013, 9:49 am by Rebecca Tushnet
The FCC doesn’t test transmitters as a matter of course to determine if they match reported test results.The complaint alleged that ASUS obtained certification for multiple wireless routers using tests performed by the Taiwanese QuieTek Corp. [read post]
5 Nov 2013, 8:48 pm by Samuel Bagenstos
United States Steel Corporation, counsel for both the employee-plaintiffs and the employer-defendant offered the Court tests for defining what constitutes “changing clothes,” but neither seemed to get much traction. [read post]
27 Sep 2018, 1:42 pm by Rebecca Tushnet
Plaintiff sued defendant for advertising of defendant’s automotive silicone paint finish remover called POLYCRACKER. [read post]
22 May 2009, 7:45 am
(Wayne Wolf, who testified for plaintiffs about fake Z80s, testified after Mr. [read post]
19 Aug 2009, 7:03 am
" However, he argued that the court should dispose of the case because the plaintiffs failed to exhaust their remedies under the Civil Service Reform Act, which required plaintiffs to first bring their claims to the Office of Special Counsel. [read post]
16 Dec 2009, 2:06 pm by MacIsaac
Bob) the Plaintiff was injured in a 2004 BC Car Crash near Merritt, BC. [read post]
14 Oct 2009, 8:00 am
  The court reasoned that because the plaintiff had not satisfied the first prong under Aronson, plaintiff’s allegation as to the 2004 options also fail to excuse demand under the second prong of the Aronson test. [read post]
8 Jun 2020, 4:15 am by The Law Offices of John Day, P.C.
…Although defendants must explain how they were prejudiced by noncompliance, defendants need not test incomplete and facially noncompliant medical authorizations. [read post]
12 Dec 2019, 7:18 am by Goldfinger Injury Lawyers
Those injuries won’t show up on any objective medical test like a CT Scan, X-Ray or MRI. [read post]
1 Apr 2020, 3:23 am
TTABlog Test: Is MOBILIZER Merely Descriptive of Massage Apparatus? [read post]
12 Feb 2008, 1:30 pm
The judge applied the three-part test in R.J.R. [read post]
23 Jun 2011, 11:27 am
Justice Ruth Bader Ginsburg wrote that the allegations met the test that earlier Supreme Court decisions have set out for employment-discrimination suits. [read post]
16 Mar 2023, 12:14 pm by Eugene Volokh
The third element of the purposeful direction test requires a defendant to "caus[e] harm that the defendant knows is likely to be suffered in the forum state. [read post]
25 Oct 2021, 8:06 am by Rebecca Tushnet
However, plaintiffs alleged material misrepresentations and reliance. [read post]
6 Nov 2012, 1:08 pm by Michelle Yeary
  Plaintiff also sued two J&J executives and Costco (where plaintiff bought the Tylenol). [read post]