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14 Oct 2014, 5:51 am
ABD Insurance & Financial Services, Inc., that a false advertisement claim is distinct from a trademark infringement claim and that both require separate tests. [read post]
14 Aug 2014, 2:23 pm
The court considered the “Hotel California” decision and specifically rejected it as “unpersuasive” – finding it based on a “substantial connection test” that did not exist in Illinois. [read post]
14 May 2018, 9:51 am
Given these burdens, the court held that border device searches are subject to a strong First Amendment test: government must prove a “substantial relation between the governmental interest and the information required to be disclosed. [read post]
7 Jan 2013, 4:16 pm
The court of appeal looked to the piecemealing test set forth by the California Supreme Court in Laurel Heights Improvement Association v. [read post]
25 Mar 2015, 6:43 am
(This reminds us of a high school teacher who, when challenged on the grade for a particular answer on a test, would insist on regrading the entire test. [read post]
16 Jan 2023, 10:10 am
The trace levels found in the one limited test of mac & cheese are well below any level of concern. [read post]
3 May 2022, 5:51 am
April 25, 2022), plaintiff was shot multiple times by her estranged husband in August 2018. [read post]
26 Jul 2017, 7:01 pm
Subsequent to Bouchard’s ruling in the Wal-Mart case, Vice Chancellor Travis Laster established in the EZCORP case a bright line test on the preclusion question between pre- and post-demand futility phases of derivative litigation. [read post]
30 Jan 2012, 2:14 am
Plaintiffs appealed to the Fifth Circuit. [read post]
21 Feb 2023, 10:39 am
Some areas of potential concern: Google’s lawyer Blatt endorsed the Henderson test. [read post]
28 Jul 2012, 10:21 am
DOCTOR wanted plaintiff to come and have another blood draw to re-test for total PSA and additionally test for free PSA. [read post]
22 Apr 2008, 6:42 am
A fascinating article in the Washington Post explores new uses for DNA tests in the legal system. [read post]
23 Jul 2012, 2:40 pm
California Health & Welfare Agency, which created a test for determining whether an employer was a joint employer under the FLSA, the District Court fashioned their own test. [read post]
27 Feb 2023, 7:13 am
In its decision to deny the motion to dismiss, the court focused on prongs two and three of the Howey test. [read post]
3 Feb 2017, 9:33 am
The defendants appeal the opinion of the lower court allowing the expert witness testimony of plaintiff’s electrical engineer. [read post]
6 Apr 2016, 9:01 am
At first blush, however, Tyson seems to be neither the test case nor the blockbuster decision that many expected it to be, leaving important questions about predominance of class issues and individual proof of injury for another day. [read post]
7 Jan 2013, 4:26 am
Plaintiffs do not fare any better in their appeal. [read post]
15 Aug 2016, 7:49 am
The appeals court confirmed that the crucial test is the degree of control that the defendant exercised over the side of the hedge located on the plaintiff’s land, as well as the land underneath. [read post]
15 Aug 2016, 7:49 am
The appeals court confirmed that the crucial test is the degree of control that the defendant exercised over the side of the hedge located on the plaintiff’s land, as well as the land underneath. [read post]
7 Jun 2019, 1:31 pm
Neither the WPL nor its regulations differentiate between an employee and an independent contractor, however the New Jersey Supreme Court held that in distinguishing the two, courts may apply the ABC Test, which is taken from the New Jersey Unemployment Compensation Act. [read post]
