Search for: "Test Plaintiff"
Results 4381 - 4400
of 21,968
Sorted by Relevance
|
Sort by Date
Iowa Supreme Court Overrules 2018 Decision That State Constitution Strongly Protects Abortion Rights
19 Jun 2022, 5:23 pm
In my view, we should emphatically reject—not recycle—Casey’s moribund undue burden test and instead direct the district court to apply the rational basis test to the plaintiffs’ constitutional challenge.Chief Justice Christensen filed an opinion dissenting in part, saying: Out of respect for stare decisis, I cannot join the majority’s decision to overrule ... [read post]
9 Nov 2009, 6:18 am
The plaintiff is a black student who endured racial harassment from classmates. [read post]
26 Aug 2015, 6:20 am
For example, as to Part B, the state says: Here the agency factually found, as affirmed by the trial court, that the customers are recruited and billed by the Plaintiff and enter into contracts for the purchase and installation of the systems with the Plaintiff. [read post]
12 Oct 2018, 8:00 am
Similarly, ManorCare did not have an X-ray machine nor the ability to test blood on site. [read post]
1 Jun 2010, 6:20 am
One of the elements of that test takes into account "contemporary community standards. [read post]
14 Sep 2010, 4:30 am
This footnote cited to the recent opinion in which the Supreme Court adopted the risk-utility test as the exclusive test in products liability design cases -- which we discussed here. [read post]
14 Jan 2009, 8:13 pm
Florida law uses a three element test to determine if an apparent agency exists. [read post]
15 Apr 2012, 2:15 pm
There may be strategic advantages to a defendant testing the legal theory early in the case anyway, but it is always important to consider other approaches. [read post]
9 Feb 2009, 5:00 am
The Second Circuit held that the plaintiff's claim can be enforced under the ATS. [read post]
8 Sep 2016, 1:45 pm
” In this case, McMahon focused her analysis on the first two elements of the Northwest Airlines test, finding that the Thruway Authority failed to satisfy both the fair approximation prong and the excessiveness prong of the test. [read post]
25 Aug 2014, 7:52 am
Single employer test. [read post]
15 Dec 2009, 1:04 pm
”As to Plaintiffs’ claims under the UCL and FAL, one issue on appeal concerned the trial court’s conclusion that the plaintiff’s restitutionary theory was not amenable to class-wide adjudication: The [trial] court concluded that the monetary value plaintiffs wish to assign to their claim – the difference in price between Vioxx and a generic, non-specific NSAID, implicates a patient-specific inquiry and therefore fails the community of… [read post]
25 Oct 2016, 7:59 am
Sports Authority, Inc., wherein the Third District Court of Appeals decided as a general rule that plaintiffs should at least be able to recover medical expenses for diagnostic testing reasonably necessary to determine whether an accident caused injury. [read post]
17 Jun 2021, 5:52 am
"“The purpose of the zone-of-interests test is to ‘foreclose[] suit … when a plaintiff’s interests are so marginally related to or inconsistent with the purposes implicit in the statute that it cannot reasonably be assumed that Congress authorized that plaintiff to sue. [read post]
9 May 2023, 12:16 pm
The 1911 "informed observer test" for copyright protection to works of applied art also made this Kat wonder: was this the origin of "informed user" in EU design law? [read post]
22 May 2013, 7:44 am
In Koning & Associates, the plaintiff/employee was paid an hourly wage for 40 hours per week so that, in effect, he received an unvarying minimum amount of pay. [read post]
18 Oct 2016, 7:55 pm
” The Court reviewed the alleged conflicts based on relationships involving interlocking directorships, but found that the plaintiff did not allege sufficient facts to excuse demand. [read post]
7 Dec 2020, 3:30 am
Genetic testing had been around for a while, introduced to the public in part through the O.J. [read post]
14 May 2009, 11:00 pm
Plaintiff attorneys for the James family countered that Mr. [read post]
20 Dec 2022, 12:46 pm
But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine. [read post]
