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17 Oct 2019, 7:24 am
’” In a company blog post, Tesla “said ‘not only has Model 3 achieved a perfect five-star safety rating in every category and sub-category’ of the…National Highway Traffic Safety Administration (NHTSA)’s rating scale,” but NHTSA’s “tests also show that it has the lowest probability of injury of all cars the safety agency has ever tested. [read post]
29 Mar 2014, 4:05 pm
Thus, as briefed and argued, Italian Colors provided about as square a test of the "effective vindication" theory as can be imagined. [read post]
19 Mar 2019, 11:15 am
(Okay, even I think an initial interest confusion claim passes the laugh test here.)For named plaintiff Buckeye Tree Lodge, from January 2015 through August 2016, 149 people landed on the Buckeye infosite page on Expedia; four of those people subsequently made a reservation with another hotel during the same visit to the website. [read post]
24 Apr 2014, 5:00 am
Bad move as it turns out.Illinois follows a six-factor test for sanctions in cases of alleged spoliation. [read post]
18 May 2007, 6:00 am
With respect to the UCL claim, the Court of Appeal determined that the language "'injury in fact' and 'lost money or property as a result of [the alleged] unfair competition'' creates a "two-part, statutory standing test. [read post]
8 Feb 2016, 1:12 pm
Calsol contended that these were low concentrations, while the plaintiffs asserted that Safety-Kleen had tested the spirits and were aware they held benzene at concentrations that may cause harm. [read post]
21 Jul 2023, 11:56 am
Rather than being bound to a “rigid residency” test that is virtually dispositive of any foreign plaintiff’s claims, attorneys can now analyze the context of the circumstances surrounding their client’s claims to build a stronger case at both the pleading stage and beyond. [read post]
24 Feb 2009, 12:07 pm
Zandford, 535 U.S. 813, 825 (2002), which applied 10b-5 to the case of a financial advisor, who encouraged appropriately-sympathetic plaintiffs to create an investment account with him. [read post]
23 Mar 2012, 7:23 pm
The plaintiffs appealed the dismissal. [read post]
25 Aug 2015, 9:34 am
And when it comes to identifying all possible defendants (the hunt for deep pockets), the Fourth Circuit adopted the “hybrid” test for joint employers; and the Seventh Circuit clarified the right-to-control test. [read post]
12 Nov 2019, 4:00 pm
Atkinson published a second test post on Facebook that read “Test post 2: Eric Ciaramella is a dirty lying rat for trying to take down the Trump administration. [read post]
12 Nov 2019, 4:00 pm
Atkinson published a second test post on Facebook that read “Test post 2: Eric Ciaramella is a dirty lying rat for trying to take down the Trump administration. [read post]
3 Feb 2010, 5:45 am
” Hicks Aff. at ¶ 37.The first paragraph may at first glance satisfy the "adverse employment action" test under White, but it is too conclusory. [read post]
3 Mar 2009, 3:58 am
The defense argued that cases discussing “artificial increases in demand” were analogous, and that plaintiffs’ case did not meet the tests outlined in such cases, id., at 9-10. [read post]
22 Oct 2007, 5:25 am
While a district court may ensure “minimum standards of adequacy” under “adequacy” test of Rule 23(a)(4), in this case the lower court never made such an inquiry. [read post]
6 Sep 2012, 5:55 am
Plaintiffs further testified the machine was not turned off until the next day, when the monitor was removed for testing. [read post]
14 Jun 2017, 7:03 am
Defendants satisfied each element of the test. [read post]
16 Oct 2020, 10:29 am
Ten is right that this is not a control question; it is instead a biased comparison drawing attention to the absence of a photo that will predictably elicit “oh, the ad is worse without a picture,” and it fails to test whether the difference is from the absence of a picture versus the absence of a picture of plaintiffs, the only relevant legal question. [read post]
5 Aug 2016, 12:00 am
The court, relying on Delaware corporate law, determined if the district court correctly met the four part test of whether the Chocolate device was a “corporate opportunity. [read post]
2 Jun 2014, 7:17 pm
There is no mechanical test in reaching a decision on the issue of likelihood of confusion. [read post]
