Search for: "Test Plaintiff"
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30 Dec 2019, 10:50 am
We defeated the motion for summary judgment and had prepared a motion to exclude the defendant reconstruction expert from testifying because he had not done certain important tests, examined the subject vehicles and thus should not be permitted to testify. [read post]
30 Dec 2019, 6:00 am
There is a long history of “test cases” being brought all the way to the Supreme Court by interest groups recruiting suitable plaintiffs. [read post]
30 Dec 2019, 5:00 am
The Superior Court ruled in this fashion even though the Plaintiff only litigated the case under the consumer expectation test. [read post]
29 Dec 2019, 12:07 pm
The Ottawa action employed the Withler test for a discriminatory measure, and concluded that it was not plain and obvious that these claims would not be successful, therefore meeting the s. 5(1)(a) criteria. [read post]
28 Dec 2019, 3:33 pm
Defendants wishing to attack personal jurisdiction will want to read the case carefully for the distinctions it makes, but what I see is that the Second Circuit’s spectrum test leaves quite a bit up to the individual judge, and it is at least possible the same case would have been decided differently in another court. [read post]
28 Dec 2019, 10:13 am
The Second Circuit’s opinion is significant in that it rejects the application of strict scrutiny to a commercial speech regulation, a position advocated by the plaintiff. [read post]
27 Dec 2019, 9:52 am
Natera allegedly developed a competing cell-free DNA kidney transplant rejection test, Prospera. [read post]
27 Dec 2019, 9:00 am
Given that plaintiffs are sending products out to be tested, and because various state laws and the USDA interim final rule now affirmatively require that CBD products be tested, product makers should send their products to a reputable laboratory before marketing the products to consumers. [read post]
27 Dec 2019, 9:00 am
Given that plaintiffs are sending products out to be tested, and because various state laws and the USDA interim final rule now affirmatively require that CBD products be tested, product makers should send their products to a reputable laboratory before marketing the products to consumers. [read post]
27 Dec 2019, 6:58 am
The Ninth Circuit applied something like a 4-factor test, looking at serving important religious functions, title, training, and tax benefits. [read post]
26 Dec 2019, 1:50 pm
We thus have no need, in advance of factual development on this critical issue, to decide whether the reporting requirement must satisfy the compelling interest test or a general balancing test. [read post]
23 Dec 2019, 12:52 pm
Cir. 2007) (testing not required where high obstacles to testing); Q-Pharma, Inc. v. [read post]
23 Dec 2019, 11:29 am
Apr. 9, 2019) -- ruling that plaintiff’s civil forfeiture settlement agreement with IRS barred FOIA plaintiff’s request to Executive Office for U.S. [read post]
23 Dec 2019, 9:54 am
In evaluating a Title IX private cause of action against a school, courts use the test set forth in Davis v. [read post]
23 Dec 2019, 4:00 am
“I have many clients who have decided to not test for marijuana,” at least at the pre-hire stage, for nonsafety-sensitive positions, she added.Employers who do conduct drug testing should work with their medical review officers and drug testing companies, and set up protocols that provide an expert’s independent judgment on the issue if the candidate tests positive, she said.The employer should then engage in an interactive process with the… [read post]
23 Dec 2019, 4:00 am
Giving up after 19 months didn’t save patent plaintiff from paying defendants’ attorneys’ fees. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-2393.Opinion.12-16-2019.pdf … Amgen can keep $70 million jury award for infringement of patent on anemia drug. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1067.Opinion.12-16-2019.pdf … Bankruptcy Code pre-empted state-law fraudulent transfer claims against… [read post]
20 Dec 2019, 12:30 pm
After this came to light, more than 11,000 convictions based on her testing were dismissed. [read post]
19 Dec 2019, 4:52 pm
Baseball had survived its third major test before the Supreme Court. [read post]
19 Dec 2019, 1:40 pm
Let some other personal injury lawyer be the test case for the holiday greeting. [read post]
18 Dec 2019, 4:08 pm
For example, a woman claimed a pharmacy allowed her husband to watch CCTV footage of her buying a pregnancy test kit. [read post]
