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27 Jan 2014, 9:50 am
Rooney test and rejected plaintiffs’ cross-appeal. [read post]
27 Mar 2017, 7:20 am
The court runs through the standard multi-factor likelihood of consumer confusion test and finds most factors favor the defendant. [read post]
2 Jun 2014, 11:18 am
Judge Alsup is well known as a no-nonsense judge, and defendants have a good forum to test plaintiff’s factual allegations, as well as the core issue of whether things like use of proxy registration or PO boxes are considered misrepresentations at all, much less materially misleading ones that should be actionable. [read post]
20 Sep 2016, 9:54 am
The Plaintiffs’ Child Dies in a Tragic 2011 Fire The plaintiffs in the case of Hosford v. [read post]
20 Sep 2016, 9:54 am
The Plaintiffs’ Child Dies in a Tragic 2011 Fire The plaintiffs in the case of Hosford v. [read post]
1 Apr 2013, 5:40 pm
Whirlpool has announced that it will further test the land in the spring. [read post]
12 Feb 2018, 4:56 am
The court unsurprisingly rejected that argument in light of Lexmark(which functionally amended the Gordon & Breach test). [read post]
26 Oct 2020, 8:00 am
If high-ranking executive officials have absolute immunity, that will sufficiently protect the separation of powers without needing the “clearly established law” test — which pervasively denies plaintiffs money damages when lower-ranking executive officials violate their constitutional rights. [read post]
2 Aug 2022, 6:35 am
The state meets this test because it has a legitimate need to vaccinate students to prevent the spread of measles. [read post]
18 Mar 2014, 8:00 am
In this case, however, to the extent that plaintiff argues that the policy discriminates against the indigent, that policy (if proven at trial) fails under the rational basis test. [read post]
4 Jun 2017, 4:39 pm
LEXIS 84013, May 23, 2017), and dismissed an inmate's complaint that a TB test was forcibly administered after he refused for religious reasons to have the test performed.In Vincent v. [read post]
14 Sep 2021, 7:21 am
Plaintiff detailed three test transactions in which the potential sellers were initially offered 33-53% of the value of their gold items, only receiving final offers of up to 87% of the items’ value after a series of negotiations in which the defendant was unresponsive and gave false information. [read post]
1 May 2013, 9:20 pm
Bard and the other manufacturers have huge profits available to help them pay for the costs of the plaintiff's losses. [read post]
8 May 2019, 12:09 pm
Though, on that test, the limited nature of the intrusion -- and the public interest in favor of it -- maybe not. [read post]
18 Jan 2010, 7:29 am
Lee future surgical needs were suggested, but yet unknown pending further testing. [read post]
26 Sep 2009, 9:04 am
Kyle X. prescribed physical therapy, lab tests and a return to his office. [read post]
Appellate Decision in Partnership Dispute Clarifies Distinction Between Direct and Derivative Claims
13 Aug 2012, 3:00 am
Justice Moskowitz's opinion applying the Tooley test rejected plaintiff's position, stating that: plaintiffs' claim for breach of fiduciary duty is derivative, because any pecuniary loss plaintiffs suffered derives from a breach of duty and harm to the business entity, BHA. [read post]
Appellate Decision in Partnership Dispute Clarifies Distinction Between Direct and Derivative Claims
13 Aug 2012, 3:00 am
Justice Moskowitz's opinion applying the Tooley test rejected plaintiff's position, stating that: plaintiffs' claim for breach of fiduciary duty is derivative, because any pecuniary loss plaintiffs suffered derives from a breach of duty and harm to the business entity, BHA. [read post]
2 Apr 2018, 7:48 pm
After that incident, the City of Boston asked companies testing self-driving passenger car services to suspend all tests and pilot programs until a safety evaluation could be performed and various concerns addressed. [read post]
2 Apr 2018, 7:48 pm
After that incident, the City of Boston asked companies testing self-driving passenger car services to suspend all tests and pilot programs until a safety evaluation could be performed and various concerns addressed. [read post]
