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15 Jan 2021, 10:23 am
As a threshold matter under the Rogers test, a plaintiff cannot state a viable trademark claim in the context of an artistic work (1) unless the defendant’s use of the mark ‘‘has no artistic relevance to the underlying work whatsoever,’’ or (2) ‘‘if it has some artistic relevance, unless the [use of the mark] explicitly misleads as to the source or the content of the work. [read post]
30 Jul 2011, 7:30 am
Defendant relied on the Virginia Supreme Court’s test in Denby v. [read post]
31 Mar 2014, 6:00 am
Concisely, the Plaintiffs were fighting for the basic right to "test the limits of the existing law and [to] be allowed to plead [the claim] as a developing area of the law." [read post]
13 Jun 2012, 10:49 am
Plaintiffs’ allegations of reliance therefore will never be tested either. [read post]
2 Nov 2021, 5:15 am
This kind of rule would make test cases unconstitutional. [read post]
12 Apr 2011, 5:50 am
Immediately after the accident, the manager at Kroger’s tested the cart’s brakes and did not find any problems. [read post]
15 Oct 2021, 6:37 am
It analyzed the plaintiff’s claims using a four-part test developed in a 1993 ruling: The conduct (1) “would not have occurred but for” the protected category; and it was (2) so “severe or pervasive” that (3) a reasonable person with the same protected characteristic would believe that (4) the conduct “altered…the conditions of employment” and create a “hostile or abusive” work environment. [read post]
28 Dec 2015, 9:17 am
Rimrodt, the plaintiff was a car salesman who was injured while riding as a passenger in a test-drive with a customer. [read post]
10 Aug 2011, 8:04 am
Justice Bracken ruled the plaintiff’s neuropsychologist was not properly qualified to introduce the QEEG evidence. [read post]
19 May 2013, 9:12 am
Alas, Lappé did not really know the other authors, who were pitching their immunological screening test to plaintiffs’ support groups and to plaintiffs’ lawyers. [read post]
24 Dec 2012, 9:58 am
Goldstein relied upon whole embryo culture testing of SSRIs, but in the face overwhelming evidence, Dr. [read post]
30 Apr 2018, 1:53 pm
In that case, the plaintiff said that there was no universal method of testing the safety of e-cigarettes. [read post]
12 Oct 2017, 12:31 pm
The patient underwent scans, and the tests showed that there was no leakage or perforation. [read post]
2 May 2016, 9:37 am
The test for adverse possession is the degree and nature of control exercised over a disputed area, the character of the land, and the purposes for which the land is adapted. [read post]
9 Nov 2011, 11:34 am
So he fired plaintiff. [read post]
19 Jun 2018, 7:09 am
The plaintiff hired a Professional Engineering Expert Witness to provide testimony. [read post]
22 Mar 2019, 10:42 am
” The Court then clarified the proper test for evaluating comparator evidence: whether the alleged comparators are “similarly situated in all material respects. [read post]
24 Jan 2018, 7:00 am
The plaintiffs hired Dennis P. [read post]
23 Dec 2015, 7:45 am
Normally plaintiff needs neuropsychological testing and testimony of friends and family members to establish the seriousness of the injury. [read post]
9 Apr 2010, 9:56 am
How does a plaintiff properly allege corporate intent in a complaint in order to survive the purpose test? [read post]
