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27 Jun 2018, 8:43 am
The plaintiffs alleged that the General Assembly “predominantly relied on race” when drawing up 12 majority African-American voting districts for the 2011 election. [read post]
20 Jul 2009, 12:45 pm
Judges dismissed the suits claiming that fast food products are inherently dangerous, finding that plaintiffs could not prove that eating fast food caused their poor health. [read post]
13 Jun 2024, 5:45 am
Alliance for Hippocratic Medicine that the plaintiffs lack a legal right to challenge the FDA’s actions regarding the regulation of mifepristone, the drug used in over half of abortion in the United States. [read post]
11 Mar 2008, 11:38 am
Note how the post says that the plaintiff will receive $29 Million over the course of her life. [read post]
12 Dec 2008, 6:55 am
The court said it was unlikely that the "I Believe Act" which authorized the plates passed any of the three prongs of the Lemon test. [read post]
26 Aug 2022, 1:03 pm
[Notably, plaintiff apparently has two-thirds of the relevant market.] [read post]
22 Sep 2021, 9:27 am
The order was reversed and the matter remitted for a genetic marker test to be administered. [read post]
26 Feb 2024, 9:00 am
For many conditions common among dentists and physicians, there are symptoms that are subjective in nature and cannot always be proven up with an objective test. [read post]
26 Feb 2008, 6:53 am
In an important recent decision of the United States Court of Appeals for the Second Circuit, testing the outer reaches of a bankruptcy court’s jurisdiction, In re Johns Manville Corp., 06-2099 (2d Cir. [read post]
27 Feb 2019, 7:52 am
Even if it is appropriate to apply the ‘material contribution to risk’ test as discussed in Clements, the plaintiff or insured still has to pass the ‘but for’ test”. [read post]
7 Mar 2019, 6:00 am
In either case, the plaintiff can seek both damages and an injunction barring further infringement and dilution. [read post]
8 May 2009, 4:00 am
The court said that "It is clear in this case that the plaintiff's 'speech' was of no public concern whatever and, therefore, is not protected by the First Amendment. [read post]
12 Jun 2012, 7:03 am
In Bennett, a psychologist testified that the plaintiff had a traumatic brain injury that was caused by the rear-end motor vehicle collision in which he was involved (plaintiff's van was struck in the rear by a 42,000 pound truck). [read post]
27 Nov 2013, 11:50 am
Briefly, the answer is, first, that Clapper recognized the competing, "substantial risk" test. [read post]
22 Sep 2016, 7:43 am
To assess whether a mark has achieved secondary meaning, the Court applied the test used by the Louboutin Court (involving another shoe war over red sole mark) involving five factors: Advertising Expenditures: Plaintiff did not engage in traditional paid advertising (e.g., TV, magazines, newspapers). [read post]
21 Aug 2011, 10:07 pm
The plaintiffs in Bluetooth Headset claimed loss of hearing as a result of using the defendants' products at loud settings. [read post]
19 Jun 2012, 7:40 pm
I apparently picked a bad time to be out on vacation, because two Marshall juries rendered verdicts in patent cases yesterday, with one win for the plaintiff and one for the defendant. [read post]
13 Sep 2024, 9:12 am
discussing how a plaintiff failed to defeat a mootness claim [read post]
22 Mar 2020, 11:50 am
The trial court went through the preliminary injunction test and granted the injunction. [read post]
19 Jan 2022, 1:06 pm
However, in seeking to sustain his claims, the plaintiff will face a significant challenge meeting the “straight face” test. [read post]
