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7 Jun 2022, 4:00 pm
According to the court, the defendant’s argument that a class action was somehow an inferior method of adjudication ignored binding legal precedent.Due to the rejection of the defendant’s arguments, and the plaintiff's satisfaction of the governing five-factor test, the New York County Supreme Court granted the tenant's motion for class based relief.# # #A copy of the decision can be found here: Quinatoa v. [read post]
4 Mar 2014, 6:43 am
He adds, "The plausibility test in cases such as this is a safeguard against a financial injustice that can often outweigh the harm claimed by a plaintiff. [read post]
16 Sep 2021, 7:32 am
” With that out of the way, the multifactor confusion test clearly favored AAA Alarm, despite the expense of the services. [read post]
7 Feb 2019, 5:05 am
Even if evidence of social security or pension payments were to be allowed, the evidence is only admissible for the limited purposes of testing the credibility of the plaintiff’s assertion. [read post]
15 Jul 2015, 3:05 pm
That gave Drive effective control over the plaintiff's employment. [read post]
9 Sep 2009, 9:06 pm
The district court found defendant’s evidence sufficient to meet the amount in controversy test, id. [read post]
7 Feb 2024, 7:40 am
For inaction on that risk to constitute bad faith, the court stated, the plaintiff would have to plead more that he did.Waste. [read post]
1 Mar 2010, 8:07 pm
This is an objective test, and therefore actual reliance need not be established. [read post]
29 Oct 2013, 4:48 am
” Zacchini didn’t provide clear guidance for a balancing test, but other cases have allowed related claims. [read post]
22 Jul 2014, 6:57 am
The drug wasn’t made or tested here. [read post]
30 Sep 2014, 8:37 am
This claim shouldn’t pass the laugh test. [read post]
17 Jun 2018, 12:00 am
Subsequently, the DMC’s review and analysis revealed no additional tests were necessary and classified the drug as viable. [read post]
2 Dec 2013, 5:47 am
” (Whatever the Supreme Court decides in the Lexmark case next week will bear on this, but it’s not clear to me what Stahl’s injury story would be under any of the offered tests.)In the Ninth Circuit, a plaintiff can prove injury through “actual market experience and probable market behavior. [read post]
5 Oct 2018, 7:06 am
A June 2015 press release by the New York City Department of Consumer Affairs reported that 89 percent of the products it tested were mislabeled, causing customers to be overcharged from $0.80 to nearly $15. [read post]
22 Jan 2015, 6:28 am
Plaintiffs are not arguing that Defendant’s use of the word “effective” is false or misleading because Defendants did not conduct tests to substantiate their claim before marketing their product. [read post]
18 Aug 2021, 4:00 am
The “plain and obvious” test from Rule 21 of the Rules of Civil Procedure for disclosing a cause of action from Hunt v. [read post]
1 Feb 2021, 9:38 am
At the very least, pending an unusual development, the Swales test will be the law in the Fifth Circuit. [read post]
14 Dec 2022, 1:23 pm
Talis Biomedical Talis Biomedical Corporation develops diagnostic tests for infectious diseases. [read post]
6 Feb 2012, 5:00 am
” In April 2011, the plaintiffs initiated a proxy contest, soliciting Xurex shareholders to remove the defendants as directors and elect the plaintiffs. [read post]
7 Apr 2016, 6:18 am
Under this test, the question is whether the individual “controlled in whole or in part plaintiff’s rights under the FMLA. [read post]
