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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]
21 Mar 2021, 5:33 pm
The plaintiff in this case did not have the benefit of that advice. [read post]
4 Feb 2016, 10:49 am
In other words, the lawsuit fails the common sense test. [read post]
10 Sep 2010, 12:20 am
Because Herrington and Haley have not averred facts that show that the levels of these substances caused them or their children harm, under the objective test for materiality, the alleged non-disclosures are not actionable. [read post]
24 Aug 2011, 3:09 am
” Despite its lack of probative value, even if the Court were to consider this affidavit, the CPA fails to explain how the application of the “Gross Profits Tests” by the plaintiffs former wife’s expert, which found that the plaintiffs company was grossly understating its income, was an incorrect assessment. [read post]
14 Apr 2014, 2:31 pm
The parties do not contest this; moreover, plaintiff concedes in her brief that the first prong of the two-prong test prescribed by the paragraph has been met because defendant resides in New York. [read post]
11 Oct 2015, 10:46 am
One of the exceptions noted is what other jurisdictions refer to as the “relative bystander test. [read post]
2 Feb 2009, 2:42 am
This is equally true of plaintiffs' allegation that Medtronic used inadequate testing and quality-assurance methods. [read post]
22 Aug 2011, 6:45 pm
Defendant terminated plaintiff after repeated refusals by the plaintiff to fill out a medical questionnaire. [read post]
23 May 2017, 11:43 am
ICBC then sought repayment from the Plaintiff. [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]
11 Jun 2021, 9:16 am
The court reached its decision by applying the Supreme Court’s two-part test from Texas v. [read post]
22 Feb 2010, 6:07 am
But the rest of the test goes against the plaintiffs. [read post]
17 Jan 2018, 11:33 am
The Pennsylvania Supreme Court ruled that there is a two-part test for proving bad faith. [read post]
1 Aug 2024, 3:30 am
Thus, no investment contract exists under the test established by Howey. [read post]
30 Dec 2022, 7:53 am
There is no rule of Alabama law that states that the expert must test the safer alternative design to meet the substantial evidence threshold. [read post]
21 Nov 2008, 12:03 pm
” The defendants argued that “looks bad” is not a test of due process. [read post]
6 Apr 2021, 1:40 pm
Based on their credentials, these individuals can provide testimony to support a plaintiff’s contention of negligence and the appropriate damages. [read post]
18 Dec 2008, 3:46 am
" Sadly, most of these infections can be prevented through stricter sanitary and bacterial testing procedures. [read post]
30 Jun 2009, 6:35 am
STUART TAYLOR: “The Supreme Court’s predictable 5-4 vote to reverse the decision by Judge Sonia Sotomayor and two federal appeals court colleagues against 17 white (and one Hispanic) plaintiffs in the now-famous New Haven, Conn., firefighters decision does not by itself prove that the Sotomayor position was unreasonable. . . . [read post]
