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26 Jul 2011, 7:17 am
Bio-Science Laboratories (1980) 106 Cal.App.3d 811, 165 Cal.Rptr. 477, where a properly performed genetic test would have provided a high probability (id. at p. 815) of disclosing the risk of Tay-Sachs disease, there is no test that could have been offered to plaintiff's mother which would have revealed the potential problems allegedly suffered by plaintiff, Joan White. [read post]
4 Mar 2016, 3:28 pm
First, the Court can test the stockholder plaintiff’s claims during the briefing on the preliminary injunction, where the plaintiff would bear the burden of showing a substantial likelihood that the purportedly omitted facts were material. [read post]
11 May 2015, 3:23 pm
Neither plaintiff disputed that once Tanabe stopped them, they looked inebriated, conceded that they had consumed alcohol, and failed field sobriety and breathalyzer tests. [read post]
18 Oct 2017, 4:00 am
The plaintiffs also meet the “zone of interest” test—their claims have stakes that “fall within the zone of interests protected by the law invoked,” in this case, the INA. [read post]
8 Jul 2013, 6:36 am
“While they may have first learned about Serum's alleged flammability from plaintiffs' counsel, this is not disqualifying, especially in light of counsel's explanation that the key facts underlying this case were only uncovered after costly testing. [read post]
28 Aug 2019, 8:47 am
The court ruled that plaintiffs satisfied Rule 9(b) with respect to named plaintiffs who remembered which ads they’d seen, but not as to named plaintiffs who didn’t. [read post]
23 Mar 2016, 10:52 am
Plaintiff’s claims under the California consumer protection statutes are governed by the “reasonable consumer” test. [read post]
15 Jul 2015, 4:30 am
Whenever we see that sort of list, we cringe in fear of the sort of balancing test that permits a court to do pretty much whatever it wants. [read post]
19 Feb 2008, 4:19 am
Under that test, the court easily concluded that “the requested 14.5% award is reasonable and appropriate. [read post]
6 Jan 2012, 6:16 pm
The plaintiffs argued that the Sony Music test should apply, while the defendant argued that the Dendrite test should apply. [read post]
29 Apr 2015, 11:00 pm
When it comes to selecting football players, the most important player is the quarterback and teams put quarterback prospects through a series of tests (both physical and mental) to attempt to determine their likelihood for success in pro football (and they still get it wrong – a lot). [read post]
14 Jul 2017, 9:09 am
Conducting the Hill balancing test itself, the Court determined that two of the three elements were unmet as to ordinary home contact information. [read post]
24 Aug 2015, 2:31 pm
There the Plaintiff took a picture of his completed ballot and posted it on Twitter. [read post]
21 Aug 2024, 10:21 am
JJD Electric’s claim for breach of the implied covenant of good faith and fair dealing was also dismissed, as the court found that while there is no universal test for establishing such a claim, typically there must be a showing of bad faith with a malicious motive to deny the plaintiff some benefit of the bargain originally intended by the parties. [read post]
21 Aug 2024, 10:21 am
JJD Electric’s claim for breach of the implied covenant of good faith and fair dealing was also dismissed, as the court found that while there is no universal test for establishing such a claim, typically there must be a showing of bad faith with a malicious motive to deny the plaintiff some benefit of the bargain originally intended by the parties. [read post]
21 Aug 2024, 10:21 am
JJD Electric’s claim for breach of the implied covenant of good faith and fair dealing was also dismissed, as the court found that while there is no universal test for establishing such a claim, typically there must be a showing of bad faith with a malicious motive to deny the plaintiff some benefit of the bargain originally intended by the parties. [read post]
2 Oct 2008, 11:51 am
NOTE: We do not here discuss that portion of the Court’s opinion concerning the admissibility of the testimony of plaintiffs’ expert witness. [read post]
31 Jul 2020, 8:00 am
Armitage allegedly told Bonness that PSA testing was not warranted in 2010, 2011 or 2013. [read post]
21 Dec 2011, 2:46 pm
Unfortunately these factors are very fact intensive and do not provide a bright line test for exemption, But the Hines case does offer some useful precedent and guidance for employers. [read post]
29 Aug 2017, 4:42 am
The hybrid test considers elements of both the common law and the economic reality tests. [read post]
