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21 Apr 2010, 10:03 pm
Liquor commissioner of New Hampshire nabbed on DWI rap, refuses breathalyzer test [WMUR] Slumber party liability waivers are something we’ve reported on before. [read post]
31 Jul 2008, 12:54 am
(”Avencia“) is a reminder to all lawyers that a successful claim requires proof of every element of the applicable legal test. [read post]
30 Apr 2009, 2:27 pm
" That's the plaintiff's bar, hard at work baby! [read post]
6 Aug 2011, 5:43 pm
“Epson discloses that its printers are tested in accordance with ISO standards, and makes available to consumers detailed information about how ink yields are calculated, including the fact that testing is conducted based on continuous printing. [read post]
5 Mar 2021, 1:20 am
While telecommunications networks are obviously critical infrastructure, the Keep It Simple, Stupid test presupposes a plaintiff who is not stupid. [read post]
24 May 2011, 6:58 am
Nextel Communications of the Mid-Atlantic, Incorporated, No. 10-2252 (4th Cir. 2011), the plaintiff, Edward Lamb ("Lamb"), had filed a law suit under ERISA. [read post]
22 Jul 2008, 12:15 pm
” And, despite the inherently subjective nature of the test, they had to do so on a motion to dismiss, without the benefit of any discovery. [read post]
22 Mar 2010, 6:24 am
Does that mean that aside from out-and-out fraud, plaintiff conduct/condition allegations in an MDL master complaint cannot be tested under Twombly/Iqbal? [read post]
7 Jul 2017, 9:35 am
That is, it could find that the DOL generally has the authority to impose a salary-level test, but that the Final Rule exceeded that authority. [read post]
15 Feb 2012, 1:17 pm
The Court noted that the quality component of this test is satisfied if the actions that the business entity performs in the chosen forum further, or are directly related or essential to, its business objectives. [read post]
15 Aug 2013, 2:51 pm
Plaintiffs brought the usual California claims. [read post]
23 Dec 2022, 9:52 am
The relevant limiting principle was the reasonable consumer test. [read post]
13 Jun 2007, 5:15 am
The facts in Simpson did not meet this test. [read post]
16 Aug 2008, 2:29 am
The fate of the TSM test in obviousness, post KSR, has been discussed. [read post]
24 Mar 2009, 7:23 am
Chris Riedel was the original qui tam plaintiff, and the lawsuit only recently became public. [read post]
2 May 2012, 12:34 pm
Love to take monthly drug tests. [read post]
29 Jul 2010, 6:54 am
., No. 09-16664 (9th Cir. 2010), the plaintiff, Patricia Murray, is a "career agent" for the defendants, collectively called "Principal". [read post]
16 Jan 2014, 11:08 pm
It has ruled in favor of plaintiffs in rational basis cases, indicating that that test cannot be used at the dismissal stage to throw out well-pleaded allegations of unconstitutionality. [read post]
23 Jul 2008, 5:00 am
Smith's analysis of the i3 report focused not on the findings that were most relevant to the hypothesis he sought to test but on the findings that were most helpful to his paying client. [read post]
12 Mar 2020, 10:14 am
In addition, plaintiffs' proposed exigency test would require courts, rather than the President, to determine whether a foreign government's conduct rises to the level that would trigger a supposed implicit exception to a federal statute. [read post]
