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5 Dec 2016, 1:30 am by Thaddeus Mason Pope, JD, PhD
Furthermore, for those wanting to "catch up" on what this case is all about, the plaintiffs’ opposition brief provides a nice recap of the medical malpractice claims. [read post]
21 Oct 2014, 4:18 am by David DePaolo
A hotly contested ballot initiative in California would raise the limit of non-economic damages to victims of medical malpractice and impose randomized drug testing on physicians.Proposition 46, if passed, would increase non-economic damages from $250,000, a level that has been stagnant for nearly 40 years, to over $1 million.The recent spate of cases about spinal hardware counterfeiting in workers' compensation cases could be the dream poster for the measure.Complaints filed… [read post]
25 Apr 2017, 8:44 am
"Having disposed of the constitutional issues, Justice Broad reviewed Enbridge's request for injunctive relief on the basis of the standard three-part test for injunctions:1)      the plaintiff must establish a serious question to be tried;2)      the plaintiff must show that it will suffer irreparable harm if the injunction is not granted; and3)      the balance of convenience favours the… [read post]
29 Apr 2012, 12:48 pm by Eric
Ouellette was a lousy test case for 512(f), but his case reminds us that 512(f) plays effectively no role in 17 USC 512's overall design of checks-and-balances. [read post]
27 Jul 2007, 5:56 am
 The Court concluded there was no bright-line test regarding this jurisdictional issue. [read post]
22 Jul 2016, 8:49 am by Audrey A Millemann
Ed. 2d 883 (2015), which confirmed the Global-Tech test for induced infringement. [read post]
26 May 2009, 8:33 am
  But at the same time, the plaintiffs in Ricci have argued that there was substantial evidence in the record that avoiding disparate impact was not New Haven's actual motivation. [read post]
12 Jun 2013, 1:57 pm by Suzanne Schreck
  The lawsuit was filed on behalf of named plaintiff Anthony McConaghy and all other New Mexico residents who received a hepatitis A vaccination or immune globulin injection after eating the Townsend Farms frozen berry blend or who required testing for hepatitis A after consuming the Townsend Farms product. [read post]
17 Nov 2014, 2:57 am by R. David Donoghue
Judge Hart construed the claims of plaintiff’s patent to methods for screening equipment operators for impairments. [read post]
25 Oct 2010, 8:13 am by Eric Lipman
The plaintiff, Vasant Reddy, is a Muslim, and says that delivering cigarettes and booze violates his religious convictions. [read post]
15 Dec 2009, 6:44 am by The Docket Navigator
For these reasons, the claims of the [patents-in-suit] fail to pass muster under the Bilski machine implementation test for patentability under 35 U.S.C. [read post]
6 May 2010, 9:42 pm
The plaintiff claims that the trucking company negligently allowed a truck to be driven that had a defective wheel, because the wheel detached from the back of the tractor-trailer he was driving and then hit the front of the truck. [read post]
6 Feb 2009, 6:00 am
Additional guidance regarding notification can be found in ASTM (American Standards for Testing and Materials) E 860. [read post]
28 Oct 2016, 10:06 am by Gregory B. Williams
Specifically, the Court granted Defendants’ motion to sever with respect to the patent infringement claims and damages after finding that the six-factor test set forth in In Re EMC Corp., 677 F.3d 1351 (Fed. [read post]
28 Sep 2007, 4:05 pm
Environmental expert witnesses testified on testing methods, comparison standards, and dangers to humans. [read post]