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26 Jun 2013, 11:58 am
A, the settlor, is the mother of plaintiff and defendant. [read post]
12 Nov 2012, 10:40 am
The Tenth Circuit has adopted the “reasonable basis” standard, not the “no possibility” test. [read post]
26 Nov 2012, 9:15 pm
During rebuttal, Justice Freeman asked a two part question: would a ruling for the plaintiff bank spawn a lot of litigation, and what should be the test for determining substantiality? [read post]
19 Mar 2013, 11:14 am
The court agreed that six-figure awards for emotional distress are often found to be excessive, but noted that there is no bright line test prohibiting such awards per se. [read post]
19 Jun 2017, 7:27 am
The decision provides some much-needed guidance on how to apply the Supreme Court's Iqbal test, which governs motions to dismiss under Rule 12.The case is Irrea v. [read post]
1 Aug 2013, 3:54 am
Although his analysis of each prong of the FWW test is worth a read, Judge Oetken’s analysis of the “salary basis” and “clear and mutual understanding” prongs are particularly important takeaways for employers given that these are the two criteria that plaintiffs most frequently argue have not been met. [read post]
12 Oct 2009, 9:08 pm
For that reason, Disney’s ESV was built around essentially the same technology as its proprietary sit-down scooters and underwent similar safety testing. [read post]
10 Jul 2019, 3:30 am
Sealed Defendant, 537 F.3d 185, explained that "[g]iven the presumption in favor of open records, a district court may permit a plaintiff to use a pseudonym only in the unusual circumstances in which 'the plaintiff’s interest in anonymity' outweighs both the public interest in disclosure and any prejudice to the defendant. [read post]
15 Aug 2014, 7:08 am
Here, by testing controls, performing inventory reviews, and ultimately replicating the audit process in each work paper, Audit Associates clearly did so by engaging with the audit process in a critical manner.Finally, plaintiffs lose because they require a prolonged course of specialized intellectual instruction. [read post]
28 Jul 2014, 4:30 am
With new laws creating new rights and liabilities for both employers and workers, such as FMLA, ADA, ACA, etc., the relevancy of workers' compensation is going to be tested in both practical, and legal, circles for some time to come. [read post]
17 Feb 2022, 1:00 pm
Plaintiff ChromaDex sought to exclude defendant Elysium’s survey expert and damages rebuttal expert, while Elysium moved to exclude ChromaDex’s survey, damages, FDA regulation, and clinical studies experts. [read post]
8 Dec 2014, 9:34 am
Judge Bea agreed with the new two-part test articulated by the majority opinion, but he would not remand because there are no issues of fact that require remand. [read post]
30 Dec 2016, 6:40 am
In the New York case, plaintiff’s attorney said the nursing home negligence theory would likely be based on the assertion that facility staffers failed to follow appropriate standards in routinely testing certain equipment for the disease and to comply with stringent cleansing protocols. [read post]
8 Sep 2016, 3:07 pm
BMS did not contest the first and third prongs of this test, although the majority still evaluated them to reach its conclusion that they were each satisfied. [read post]
4 Sep 2018, 9:29 am
More Blog Posts: Court Finds that Car Dealership’s Insurance Policy Did Not Cover Customers on a Test-Drive, Maryland Car Accident Attorney Blog, published August 7, 2018. [read post]
26 Feb 2009, 11:08 pm
The assembly-line doctors tried to claim that the records of their screening tests were protected by the patient privacy provisions of HIPAA. [read post]
27 Feb 2023, 9:01 pm
While the decision represents a first-of-its-kind application of the so-called Howey test to the offer and sale of NFTs, the court itself acknowledged that the facts presented a “close call” and stated that its decision is narrow and based on the specific facts before it. [read post]
1 Oct 2007, 2:17 pm
It's not implausible, and it is relatively easy to test. [read post]
25 Jun 2012, 11:44 am
But zero-event trials represent a test in which the risk of events in both arms is equal, and relatively low. [read post]
14 Sep 2021, 10:20 am
All of that background leads to nothing, because the court ignores all of that discussion and turns instead to the standard multi-factor Sleekcraft likelihood of confusion test: Mark strength: The trademarks Seeking Arrangement, Seeking Millionaire, and Whats Your Price are descriptive (“they describe Plaintiffs’ app’s purpose—to arrange meetings and relationships with high-value partners”), and plaintiffs claim they invested a lot of money in… [read post]
