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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 May 2009, 4:04 am
CONTRASTS IN CLAIMS: EVALUATING EMOTIONAL DISTRESS—Part I—the “Eggshell Plaintiff” Barbara Long, M.D., Ph.D., A.B.P.N. [read post]
7 Sep 2017, 3:43 am
But despite the plaintiff’s concession that the Colorado SORA survived the “intent” test, Judge Matsch squares up to that reality as well. [read post]
18 Oct 2012, 11:18 am
In our amicus brief, the DMLP expressed serious concerns about the plaintiff's claims, and argued that applying a traditional trademark analysis does not make sense when the defendant is using the plaintiff's trademark to say something critical about the plaintiff. [read post]
17 Dec 2013, 12:30 am
The plaintiffs appealed to the Sixth Circuit, which reversed the district court. [read post]
9 May 2024, 6:35 am
In a nutshell, the plaintiffs met the tests to go ahead with the class action. [read post]
5 Oct 2009, 10:00 pm
" Id.It gets worse.On that same day, co-counsel for plaintiff spoke to defense counsel, but failed to disclose that plaintiff's counsel had mailed the letters.Where's that book? [read post]
4 Jun 2010, 9:27 am
The plaintiffs in Martinez v. [read post]
13 Nov 2008, 5:04 am
Does each menu item have to be sent to an expensive lab for testing? [read post]
25 Feb 2018, 7:32 pm
Other versions of this test in Canada, for example the 2-part test found in British Columbia (Attorney General) v. [read post]
6 Mar 2009, 12:03 pm
In determining the proper test for measuring the scope of a physician's duty to disclose risk information, Maryland courts are clear. [read post]
12 Jun 2012, 10:43 am
Plaintiffs moved to certify the action as a class action under Fed. [read post]
24 Mar 2023, 9:28 am
The court noted that the plaintiffs’ allegations regarding their exclusion from the wide-ranging exceptions to the ABC test — and disparaging remarks made by certain legislators about the plaintiffs’ companies — are enough to sustain a claim that the plaintiffs were singled out in violation of the Equal Protection Clause. [read post]
12 Jul 2023, 4:45 am
However, the hiring manager allegedly informed the plaintiff later that the defendant was rescinding its offer of employment since the plaintiff would not be able to “pass [the] drug test with flying colors. [read post]
14 Apr 2023, 2:29 pm
Bress pointed out that the FCE stated the Abi-Aad’s performance “would suggest poor psychodynamics and the potential for unreliable pain reports during functional testing,” which would “interfere with the ability to draw conclusions regarding his true physical capacity. [read post]
5 Feb 2019, 5:37 pm
” In the event the jury finds Kaseberg’s jokes “original” enough to be copyrightable, Kaseberg will still have to demonstrate O’Brien’s jokes were “virtually identical” to Kaseberg’s – a much higher standard than the typical “substantial similarity” test. [read post]
Nuanced Determination Required to Distinguish Health Care Liability Claims from Ordinary Tort Claims
10 Nov 2014, 3:24 am
Oct. 31, 2014), plaintiffs were parents of a minor child. [read post]
29 Jul 2019, 4:28 pm
I’m testing out opening sentences. [read post]
31 Oct 2014, 1:57 pm
(See AIDS Counseling & Testing Ctrs. v. [read post]
4 Apr 2017, 6:57 am
The court found that the plaintiff’s claims were direct and that the plaintiff had pleaded non-exculpated claims of bad faith and breach of the duty of loyalty. [read post]
