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6 Jun 2023, 8:29 am by Paul R. Recupero
EPA dates back to 2007, when plaintiffs Michael and Chantell Sackett began backfilling their property with dirt and rock, about 300 feet from Priest Lake. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
EPA dates back to 2007, when plaintiffs Michael and Chantell Sackett began backfilling their property with dirt and rock, about 300 feet from Priest Lake. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
EPA dates back to 2007, when plaintiffs Michael and Chantell Sackett began backfilling their property with dirt and rock, about 300 feet from Priest Lake. [read post]
6 Oct 2008, 11:30 am
In brief, the cohesiveness test of Rule 23(b)(2) requires “evidence that commonly proves the elements of a medical monitoring claim for each proposed class member. [read post]
28 Mar 2012, 12:01 pm by John J. Sullivan
 The plaintiff has the disease, and the plaintiff was exposed: you win.It’s a plaintiffs’ lawyer’s dream. [read post]
17 Nov 2008, 2:29 am
Under these tests, Cascade’s mark is not merely descriptive; it is a stronger, suggestive mark. [read post]
13 Sep 2016, 9:44 pm by Andrew Trask
 In fact, it is often good Use of individual regressions/hypothesis testing in class actions. [read post]
1 Apr 2019, 12:45 pm by Eugene Volokh
And free-exercise doctrine makes it clear that the test for substantial burden does not ask whether the claimant has correctly interpreted his religious obligations. [read post]
7 Apr 2014, 5:05 pm by Stephen Bilkis
According to defendant primary care doctor’s testimony, plaintiff was anxious to leave the hospital and argued that any testing done as an inpatient could also be done on an outpatient basis and the former agreed that was true. [read post]
30 Mar 2010, 5:48 am by Hannah Buxbaum
  In the 1972 Leasco case that first articulated that test, the plaintiff was a U.S. investor (Case 1). [read post]
29 Oct 2013, 2:58 am by R. David Donoghue
Eve granted in part defendants’ (collectively “Zurn”) Daubert motion in limine to exclude plaintiff Sloan Valve’s technical expert in this patent infringement case involving flush valves for use in plumbing fixtures. [read post]
13 Aug 2012, 3:05 pm by Cynthia Marcotte Stamer
   Defending disability discrimination charges has become more complicated due to both the aggressive interpretation and enforcement of the ADA under the Obama Administration and amendments to the ADA that aid private plaintiffs, the EEOC, the Justice Department and others to prove their case. [read post]
20 Jan 2012, 8:41 am
” However, according to the California personal injury lawyer who is representing the class of plaintiffs, there has been no indication thus far that Skechers conducted safety testing of the shoes prior to their release on the market. [read post]
12 Apr 2011, 3:50 pm by Schachtman
Although the plaintiffs, in Matrixx Intiatives, Inc. v. [read post]
30 Aug 2009, 10:01 pm
  The 9-0 justices also struck down an order that forced defendant Weekley Homes to let experts for plaintiff HFG "image" several computers and look through their e-contents for "deleted emails" from 2.5 years earlier. [read post]
16 Dec 2008, 12:21 pm
Defense attorneys argued that plaintiff’s claims were not typical because plaintiff “admits that he was not misled or confused” by the debt collection letter, but the district court rejected this theory because “the test for determining a violation of the FDCPA is not whether the individual who received the letter was misled, but whether an unsophisticated consumer would be misled. [read post]
1 Jul 2009, 12:08 pm
DeStefano: 1) Why did the Court order judgment for the plaintiffs, rather than remanding for further proceedings in light of the new legal standard? [read post]
21 Nov 2018, 9:11 am by Mark Hartsoe
Because the court of appeals believed that a balancing test was required in order to determine whether the truck stop owner owed a duty to the plaintiff’s husband under the circumstances, it agreed that the trial court had been wrong to dismiss the case on summary judgment. [read post]