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27 Mar 2018, 5:00 am
It is likely that there will be a continuing debate between the plaintiffs bar and the defense bar over whether such changes are even [read post]
30 Apr 2010, 5:30 am
(Not sure why the plaintiff returned to the same hospital for the testing. [read post]
14 Sep 2021, 9:24 am
Two possible mechanisms exist to create a test case. [read post]
15 Mar 2010, 3:17 pm
This has led to some confusion, as plaintiffs have attempted to convince courts that such a “two-part”causation test is incompatible with California’s prevailing causation standards. [read post]
26 Mar 2024, 6:52 am
Under that test lactose intolerance is not a disability at all. +++++++++++++++++++++++++++++++++++++ ¹ The new Motion is likely to be a little bit different because Starbucks’ lawyers now know from the Florida case what the plaintiffs’ lawyers are likely to do, so they will anticipate those arguments in their motion. [read post]
10 Feb 2015, 1:01 pm
Plaintiffs’ argument based on failure to test failed because “there is no reasonable basis in law or fact which would impose a duty on the part of [a] seller of the subject tampons, to inspect or test. [read post]
19 Apr 2013, 1:30 pm
Second, the Court held that the test was an objective one for the court, not for the jury, thereby making similar cases subject to summary disposition. [read post]
30 Apr 2010, 11:02 am
Rather, plaintiffs must show that, on the facts of their case, the failure to issue an injunction would actually cause irreparable harm. [read post]
6 Oct 2014, 8:00 am
The standard has two alternative tests: A subjective one to focus on the plaintiff’s actual knowledge, and an objective one based on the knowledge of a reasonable person in the plaintiff’s position. [read post]
29 Oct 2009, 10:09 am
The discovery of metadata is also subject to the balancing test of Rule 26(b)(2)(C), which requires a court to weigh the probative value of proposed discovery against its potential burden. [read post]
16 Dec 2013, 10:22 pm
The two plaintiffs in Klayman v. [read post]
20 Jul 2011, 2:33 am
”Lascaris is lead counsel for the plaintiffs in both of the first two cases approved for trial since the reform was enacted. [read post]
29 Feb 2012, 12:16 pm
The Fisher plaintiffs argue that this was an error: Because the 10 percent plan produced a diverse student body, U.T. didn’t need racial preferences too. [read post]
27 Aug 2020, 9:05 pm
” The Centers for Medicare and Medicaid Services (CMS) announced that nursing homes are now required to test staff for COVID-19, offer testing to residents for COVID-19, and report testing data to the U.S. [read post]
20 Feb 2018, 4:00 am
The test is one of usefulness. [read post]
2 Aug 2010, 1:29 am
The first part of the test articulated by the Morrison Court is being missed -- or deliberately ignored. [read post]
21 Jun 2024, 11:45 am
In Dobbs, where the plaintiffs asserted a right to abortion (disliked by the conservative super-majority), they bore the burden of marshaling history to their side. [read post]
18 Aug 2011, 10:48 am
They are neither paid to the providers on the plaintiff’s behalf nor paid to the plaintiff in indemnity of his or her expenses. [read post]
14 Aug 2009, 8:03 am
The Court noted that Kaltofen’s assumption (“the five times multiplier”) had never been tested, recognized by an expert in the field, or reported in the literature. [read post]
14 Aug 2009, 8:03 am
The Court noted that Kaltofen’s assumption (“the five times multiplier”) had never been tested, recognized by an expert in the field, or reported in the literature. [read post]
