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21 Jun 2009, 2:28 am
The normal world in which we litigators travel is that both sides are represented by lawyers, and there are a judge and jury to act as umpires, and cases are decided according to time tested principles of substantive and procedural law.The RIAA cases, however, proceed in a parallel universe, where the plaintiffs are overlawyered, the defendants underlawyered, and the Courts misled by both. [read post]
27 Aug 2014, 3:32 pm
In this scenario, the plaintiff may recover. [read post]
27 Apr 2014, 11:12 am
As a result of the injuries sustained, the mother was transported to a nearby hospital where fetal testing was performed. [read post]
27 Apr 2014, 11:12 am
As a result of the injuries sustained, the mother was transported to a nearby hospital where fetal testing was performed. [read post]
27 Apr 2014, 11:12 am
As a result of the injuries sustained, the mother was transported to a nearby hospital where fetal testing was performed. [read post]
27 Apr 2014, 11:12 am
As a result of the injuries sustained, the mother was transported to a nearby hospital where fetal testing was performed. [read post]
27 Dec 2016, 4:24 am
Nowadays, when a consumer buys a product, they assume that it has gone through sufficient testing and that it will be safe to use for its intended purpose. [read post]
15 Oct 2021, 8:50 am
The plaintiffs respond by relying on a major Third Circuit decision, Martin v. [read post]
7 May 2019, 11:56 am
The plaintiffs appealed. [read post]
23 Mar 2012, 10:29 am
The “General Impression” Test Mr. [read post]
11 Dec 2017, 12:54 pm
” (It’s the “rational basis” test, you see, not the laugh test.) [read post]
29 Sep 2019, 9:01 pm
[yet] the absolute test is not the exercise of power of control, but the right to exercise power of control. [read post]
31 Jan 2018, 4:47 am
Lukács failed to meet the tests for private interest standing and public interest standing as developed by and for courts of civil jurisdiction. [2] The question is whether the Agency’s decision was reasonable. [read post]
19 Aug 2020, 7:40 am
The plaintiffs were awarded over $2.9 million. [read post]
30 Apr 2019, 8:40 am
” Tortilla Factory could test Makana’s sugar content just as it tested alcohol content. [read post]
14 Apr 2023, 10:20 am
Specifically, the complaint alleges that the caller falsely purported to be with the National Do Not Call Registry (“DNC”) and stated that because Plaintiff’s number was listed on the DNC, he must consent “to receive shipments of covid 19 testing kits. [read post]
15 Aug 2011, 2:00 am
”[xvii] Without specific guidance on which additional tests may be applied, the Federal Circuit once again looked to the machine-or-transformation test and merely paid lip service to Bilski v. [read post]
21 Jun 2017, 9:57 am
The plaintiff filed a MPIA request with the County Executive requesting a copy of the lease. [read post]
7 Oct 2013, 11:01 am
Mountain Fuel Supply Co., 858 P.2d 970, 979 (Utah 1993) (“medical test for early detection exists”; “prescribed . [read post]
30 Mar 2020, 11:39 am
But it wasn’t clear that the testing addressed asbestos or what specific information from the test results were included in the marketing materials, or how widely disseminated Plaintiff’s marketing launch was. [read post]