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18 Jan 2016, 5:00 am
Apparently, though, the plaintiff in Tsavaris v. [read post]
19 Apr 2022, 8:43 am
Ironically, these problems for plaintiffs may be traced to amendments to the Americans with Disabilities Act (ADA) that were intended to expand coverage for plaintiffs claiming disability discrimination. [read post]
9 Aug 2013, 7:57 am
When testing the adequacy of a complaint, the “facts” at issue are those plaintiff chooses to include in the complaint, how she chooses to include them. [read post]
9 Mar 2015, 6:03 am
” 37% of the test group answered “Bob Marley/the person on the shirt or his heirs, estate, or agents. [read post]
18 Feb 2010, 12:16 am
The verdict, which included damages paid to his wife for loss of consortium, comes in what many considered a test case for the defense. [read post]
6 Aug 2020, 12:06 pm
But the complaint didn’t allege any facts about the union’s specific licensing agreement with Klean Athlete; “the union neither made the accused statement nor conducted Klean Athlete’s product testing. [read post]
4 Feb 2019, 1:00 am
To determine whether a party retained or specially employed a treating physician to supply expert testimony, the relevant test is “whether the treating physician acquired his opinion as to the cause of the Plaintiff’s injuries directly through his treatment of the Plaintiff. [read post]
13 Oct 2014, 12:01 pm
In so far as plaintiff framed his claim around use, he sailed right into both express and implied preemption:To the extent that the complaint would impose liability on the basis of the risk-utility or consumer-expectation tests, it is expressly preempted under § 360k(a). [read post]
18 Feb 2013, 7:22 am
The trial judge denied Defendant’s motion to dismiss, ordered genetic testing and issued a temporary child support award of $250.00 per week to be paid through the Probation Department and held (not released to Plaintiff) until the resolution of this matter. [read post]
3 Oct 2013, 9:17 am
However, to state a false advertising claim, “plaintiff must establish that consumers were likely to be deceived by the product” – the reasonable consumer test. [read post]
21 Jun 2013, 1:40 pm
For that matter, Plaintiff’s theory would impose liability under the FCA every time a drug or device manufacturer is alleged to have negligently tested a drug or device because in such instance the manufacturer can be alleged to have failed to reveal the absence of health benefits. [read post]
28 Nov 2013, 5:00 am
[T]he evidence is uncontradicted that all of the relevant conduct, including the development activity, design, testing, and decision-making relating to the allegedly-defective [product], took place at [defendant’s] headquarters.Daniel v. [read post]
1 May 2019, 1:38 pm
’ ”).But state law unfair competition claims survived under § 17200, since the “ultimate test for unfair competition is exactly the same as for trademark infringement. [read post]
1 Mar 2013, 6:53 am
The issue is then when a state law claim is really seeking to enforce the FDCA, and the test is whether the claim would exist in the absence of the FDCA. [read post]
20 Mar 2012, 7:25 pm
In April of 1969, plaintiff became pregnant for the first time. [read post]
17 Feb 2010, 11:14 am
Park and Elsa Reich, genetic counselor and plaintiff in the lawsuit, will bring the issue to the public eye at a film screening and panel discussion on Monday, February 22. [read post]
10 Aug 2009, 1:14 pm
[6] It is clear that bus drivers owe a duty of care to their passengers based on the reasonable foreseeability test. [read post]
8 Jul 2024, 9:54 am
The district court of Utah has specific personal jurisdiction over LDG because LDG’s actions satisfy the three-factor test for specific personal jurisdiction, as set forth in Xilinx, Inc. v. [read post]
19 Aug 2015, 4:30 am
The plaintiff alleged negligent "design, formulation, testing, quality assurance, quality control, labeling, manufacture, marketing, promotion, sale and/or distribution of the Cochle [read post]
22 Feb 2017, 10:02 am
Background This case, American Society for Testing and Materials v. [read post]
