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3 Aug 2020, 6:56 am
Another empirical test of Beshada’s fairness occurred in a state court case tried before the Hon. [read post]
2 Aug 2020, 9:18 pm
The required test is the possibility of confusion by the relevant public. [read post]
2 Aug 2020, 9:18 pm
The required test is the possibility of confusion by the relevant public. [read post]
1 Aug 2020, 2:33 pm
" … [S]tatements that fail either test—"verifiability or context"—[are treated] as "opinion[s]. [read post]
31 Jul 2020, 5:37 pm
The litigation will now proceed to the discovery stage and the issue will become whether plaintiffs can prove their claims with evidence. [read post]
31 Jul 2020, 12:38 pm
Fails to meaningfully distinguish b/t decedent and successor in interest: courts require plaintiffs to demonstrate confusion over endorsement from decedent or estate. [read post]
31 Jul 2020, 12:30 pm
Can the parents sue the doctor for failing to test for or tell anyone about the possibility of such a disease? [read post]
31 Jul 2020, 8:00 am
Armitage allegedly told Bonness that PSA testing was not warranted in 2010, 2011 or 2013. [read post]
31 Jul 2020, 5:22 am
He wrote in his opinion that the plaintiffs provided “ample evidence that the Rule deters immigrants from seeking testing and treatment for COVID-19, which in turn impedes public efforts . . . to stem the disease. [read post]
31 Jul 2020, 3:00 am
By William W. [read post]
31 Jul 2020, 3:00 am
Louie Gohmert tested positive for the coronavirus. [read post]
30 Jul 2020, 5:31 pm
The 18 cases can be generally grouped into one of three categories: (1) companies whose facilities were the site of the transmission of the coronavirus (cruise ships, private prisons); (2) companies that made statements about their ability to profit from the coronavirus (vaccine manufacturers, diagnostic testing service providers); and (3) companies that suffered a business downturn as a result of the pandemic and ensuing government shut down orders (real estate firms, etc.) [read post]
30 Jul 2020, 3:11 pm
It put forward a mushy four-factor test that will be very hard to apply in practice. [read post]
30 Jul 2020, 2:54 pm
If you cannot prove that the plaintiff suffered some type of injury, the plaintiff has no basis for a case. [read post]
30 Jul 2020, 2:25 pm
The judge found that the plaintiffs had shown irreparable harm, because immigrants were refraining from obtaining testing and treatment for COVID-19. [read post]
30 Jul 2020, 1:32 pm
Some studies have suggested that women judges are more likely to support plaintiffs in sexual harassment, employment, and immigration cases. [read post]
30 Jul 2020, 11:19 am
Milzoff, Ph.D. to provide testimony about the results of toxicology tests performed on the plaintiff. [read post]
30 Jul 2020, 5:36 am
” The court also denied as moot the Plaintiffs’ motion for injunctive relief pending appeal. [read post]
29 Jul 2020, 2:36 pm
The OCC has asserted that a federal court only has power under Article III to provide a remedy that is tailored to redress the plaintiff’s injury and DFS’s alleged injuries, and any remedies to which it is entitled, are limited to New York. [read post]
29 Jul 2020, 9:55 am
The plaintiff canceled the test results, including the defendant’s. [read post]
