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28 Dec 2015, 11:26 am
” Plaintiff’s expert asserted that slide 3 was defective “because it did not comply with the design specification standards of the American Society of Testing Materials (ASTM),” citing two specific sections of this standard that were not followed. [read post]
5 Oct 2007, 5:04 am
The test for joint tortfeasor liability is whether defendants had "common liability at the time of the accrual of plaintiff's cause of action. [read post]
29 Sep 2010, 7:02 am
The plaintiff’s cardiologist invited a representative of Medtronic, the defendant manufacturer, to attend an examination of the plaintiff and test the pacemaker. [read post]
13 Jul 2014, 8:45 pm
Although the first prong of this two-prong test is not labeled as such, it is essentially the same type of inquiry as the "predominant purpose/secondary effects" test enunciated by the United States Supreme Court in City of Renton v. [read post]
11 Feb 2020, 5:24 am
” As to delay, “while this conduct had been ongoing for some time, the Plaintiffs moved promptly once they could confirm the misconduct by testing Defendants’ products. [read post]
28 Feb 2009, 8:04 pm
Beaton) involved a 66 year old Plaintiff who was involved in an intersection crash in Smithers, BC. [read post]
15 Mar 2012, 8:40 pm
Plaintiffs do in fact allege that the defendants acted in bad faith. [read post]
29 Jan 2013, 12:09 pm
The commonality test as articulated in Sosa was similar to a common formulation of the test applied in the federal courts pre-Wal-Mart. [read post]
24 Apr 2014, 6:19 am
The testing showed that she had even more severe limitations than assessed by Unum. [read post]
23 Jun 2014, 3:38 pm
These, therefore, fail the first prong of the new negligence test. [read post]
11 May 2020, 9:29 am
That may or may not be good for the plaintiff. [read post]
7 Jun 2012, 8:56 am
Cir. 2011) (satisfying the objective first prong of the willfulness test is “a predicate to the jury’s consideration of the second prong”)). [read post]
9 Mar 2010, 6:15 am
In a discrimination case it is very important to determine whether the plaintiff is alleging direct or circumstantial evidence of discrimination. [read post]
18 Mar 2010, 8:54 am
The process evoked by the test appears to be more intuitive than analytical. [read post]
26 Jun 2008, 8:14 pm
The court instead focused on its interpretation of the Illinois Wrongful Death Act requiring a decedent to have sustained a compensable injury prior to death in order to meet the threshold test. [read post]
16 May 2019, 10:05 pm
Geoffrey Fowler of the Washington Post tested Apple's new Beats Powerbeats Pro against the Apple Airpods and the Bose SoundSport Free in terms of which is best for head banging, with the help of Sammy Hagar, former Van Halen singer. [read post]
26 Jun 2008, 8:14 pm
The court instead focused on its interpretation of the Illinois Wrongful Death Act requiring a decedent to have sustained a compensable injury prior to death in order to meet the threshold test. [read post]
22 May 2013, 4:41 am
This inquiry requires a determination by the court as to whether the content contained on/in a social media account is `material and necessary;’ and then a balancing test as to whether the production of this content would result in a violation of the account holder's privacy rights. [read post]
26 Jan 2014, 10:47 am
This familiar test, we believe, will serve to distinguish between acts that may fairly be called vandalism and ordinary tortious conduct. [read post]
4 Jan 2016, 3:38 pm
But the court concluded that here this so-called “strict scrutiny” test was satisfied, and the plaintiffs could be barred from being foster parents. [read post]
