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9 Jan 2020, 4:00 am
In these cases, courts have split in either applying the common law “Wigmore test” or denying any special protection to confidential sources. [3] In the civil context, the public interest here would be the in the administration of justice or more particularly, providing fair disclosure to the plaintiff. [read post]
9 Jan 2020, 3:14 am
The court uses a four-factor test to determine whether there is substantial compliance with the LGTCA’s notice requirement: (1) the plaintiff makes some effort to provide the requisite notice; (2) the plaintiff does, in fact, give some kind of notice; (3) the notice provides requisite and timely notice of facts and circumstances giving rise to the claim; and (4) the notice fulfills the purpose of the LGTCA’s notice requirement. [read post]
8 Jan 2020, 9:07 pm
The government attorneys argue that the union plaintiffs lack standing to sue and fail to state a claim for which there can be any relief. [read post]
8 Jan 2020, 2:55 pm
On December 30, 2019, a federal court granted plaintiffs’ request for a Temporary Restraining Order. [read post]
8 Jan 2020, 12:50 pm
Code § 2314.Becerra’s claims under the California consumer- protection statutes are governed by the “reasonable consumer” test. [read post]
8 Jan 2020, 6:58 am
Applying the “reasonable consumer” test to plaintiff’s claims, the Ninth Circuit found that plaintiff needed to “show that members of the public are likely to be deceived. [read post]
8 Jan 2020, 6:58 am
Applying the “reasonable consumer” test to plaintiff’s claims, the Ninth Circuit found that plaintiff needed to “show that members of the public are likely to be deceived. [read post]
8 Jan 2020, 6:58 am
Applying the “reasonable consumer” test to plaintiff’s claims, the Ninth Circuit found that plaintiff needed to “show that members of the public are likely to be deceived. [read post]
7 Jan 2020, 5:39 pm
Welcome to Abbott & Kindermann’s 2019 4th Quarter cumulative CEQA update. [read post]
7 Jan 2020, 5:39 pm
Welcome to Abbott & Kindermann’s 2019 4th Quarter cumulative CEQA update. [read post]
6 Jan 2020, 8:13 am
But they disagree on how that test applies to the facts of this particular case. [read post]
5 Jan 2020, 4:00 am
(e) even though the comment satisfies the objective test the defence can be defeated if the plaintiff proves that the defendant was [subjectively] actuated by express malice. [read post]
3 Jan 2020, 1:27 pm
We further conclude that MSEI and MTAʹs adaptation of the server source code for use in additional testing stations was authorized by 17 U.S.C. [read post]
3 Jan 2020, 7:07 am
” As a general matter, a plaintiff can only file a lawsuit to protect his own rights, rather than the rights of others. [read post]
3 Jan 2020, 5:06 am
Proposition 6 The essential elements of a defamation claim do not turn on the relative financial condition of the plaintiff and defendant. [read post]
3 Jan 2020, 3:00 am
MSN – Michael Kranish (Washington Post) | Published: 1/1/2020 If President Trump’s decision to retain ownership of his global real estate business has tested the limits of America’s ethics laws and traditions, sparking lawsuits and allegations of influence by foreign interests, a Michael Bloomberg presidency could present a whole new level of overseas entanglements, with China as a prime example. [read post]
2 Jan 2020, 1:53 pm
Cemerlic, 584 S.W.3d 284 (Ky. 2019), the plaintiff, a Kentucky laboratory that does drug-testing for medical providers, sued a nonresident physician and his professional corporation for nonpayment of charges. [read post]
31 Dec 2019, 1:02 pm
’” “Chocolate fudge” standing alone doesn’t create an immediate association with diet soda, but that isn’t the test. [read post]
31 Dec 2019, 4:40 am
The Plaintiff claimed his work is protected by copyright. [read post]
30 Dec 2019, 10:47 pm
Specifically, the buyer, Sealand, did not yet own the property at issue, but was merely a potential buyer that had an agreement with the Jones plaintiffs providing access to the property to test its suitability for expansion of the landfill on the entire parcel. [read post]
