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26 May 2020, 1:22 pm
This post summarizes opinions issued by the North Carolina Court of Appeals on May 19, 2020. [read post]
26 May 2020, 7:07 am
Plaintiffs in the pending lawsuits allege misconduct related to the Big Kid Booster Seat; specifically, the lawsuits claim Evenflo deceptively advertised, marketed, and labeled the booster seat as safe for children under 40 pounds, as exceeding governmental testing standards, and as “side impact tested” when the company’s own testing showed a demonstrable lack of safety and significant potential for injury. [read post]
26 May 2020, 5:02 am
[The test for when a document may be sealed] requires that the Court consider the countervailing interests that weigh against public disclosure. [read post]
25 May 2020, 9:04 pm
USDA cautiously weighs the ability to charge for services, understanding that cost could discourage necessary inspections or testing that could impact public health. [read post]
24 May 2020, 7:03 pm
A tort case has not yet provided an answer to the obligation to enforce social distancing or to bar a person from the premises who has a fever until they have a negative test result, or the like. [read post]
24 May 2020, 2:51 pm
“A plaintiff may prove a claim of intentional discrimination through direct evidence, circumstantial evidence, or statistical proof. [read post]
23 May 2020, 5:00 am
However, that alone will not entitle the plaintiff to issuance of a final restraining order. [read post]
22 May 2020, 2:31 pm
While the Plaintiff does not need to show that the defendants had the “specific intent” to commit a tortious act, the Plaintiff must produce some evidence of a “common plan or design” that results in the commission of a tort. [read post]
22 May 2020, 10:10 am
Permissible Asbestos Testing Methods Identified: In a multidistrict litigation (MDL) hearing centralized under Judge Freda Wolfson in New Jersey, J&J was denied its motion to preclude plaintiff expert testimony due to alleged improper testing methods. [read post]
22 May 2020, 9:56 am
Here is the heart of the argument: Introduction Plaintiffs Sandra D. [read post]
22 May 2020, 6:13 am
The lawsuit was dismissed on res judicata grounds, because plaintiff had unsuccessfully sued defendant before in Virginia court. [read post]
22 May 2020, 6:00 am
On April 2, private surveillance company NSO Group filed a motion to dismiss WhatsApp’s lawsuit over the alleged hacking of 1,400 cellphones running the WhatsApp application. [read post]
21 May 2020, 9:01 pm
Joint Employment Test in the NLRB RuleThe NLRB Rule contains a single test of joint employment. [read post]
21 May 2020, 1:18 pm
An inmate currently serving time in Miami-Dade jail is drawing attention after testing positive for COVID-19. [read post]
20 May 2020, 9:01 pm
And many states—especially those states that give the so-called Uniform Bar Examination (UBE), a test whose score can be used to seek admission in over 30 states in the nation—are probably correct in expecting that more people will seek to take the test in their states than can, given social distancing, be accommodated. [read post]
20 May 2020, 2:52 pm
¹⁰ The Brooke Group test has proven difficult for plaintiffs to meet. [read post]
20 May 2020, 8:27 am
Since then, many other plaintiffs who were regular Zantac users and are cancer patients have also joined in on the mass tort case against Zantac. [read post]
20 May 2020, 8:17 am
” The opinion concluded by denying the plaintiffs’ request to amend their complaint. [read post]
19 May 2020, 12:05 pm
The tests came back negative, after which the defendant physician prescribed the plaintiff painkillers and ordered the plaintiff to follow up with an orthopedic surgeon. [read post]
19 May 2020, 4:34 am
Nonetheless, it involves the use of force to compel the homeless to do what the plaintiff, LA Alliance for Human Rights, believes is in their best interests. [read post]