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6 Sep 2019, 12:10 pm
” 28% of the test group and 23% of the control group answered that the packaging did say or suggest something about other brands, but only one respondent in the test group identified Miller Lite or Coors Light in the followup to that question. [read post]
5 Sep 2019, 2:08 pm
In multi-party cases involving numerous defendants and their insurers, plaintiffs could face Daubert motions from multiple defendants challenging each of their experts. [read post]
5 Sep 2019, 1:06 pm
The Court applied the “sliding scale” test established by Zippo Manufacturing v. [read post]
4 Sep 2019, 9:09 am
Grimaldi as a speech-protective test!] [read post]
4 Sep 2019, 3:28 am
In an asbestos case, a balancing test should have been used to determine whether manufacturers “had a duty to warn about the post-sale integration of asbestos-containing products manufactured and sold by others. [read post]
3 Sep 2019, 8:50 pm
The plaintiffs bar also certainly knew this fact too. [read post]
3 Sep 2019, 1:51 pm
This prevents “forum shopping” to the most plaintiff friendly states. [read post]
2 Sep 2019, 12:59 pm
The plaintiffs’ lawyers are still filing merger objection lawsuits in connection with a majority of merger transactions, but instead of aiming for disclosure-only settlements, the plaintiffs’ lawyers increasingly agree to dismiss their suit in exchange for the defendant’s agreement to add additional disclosures and to pay the plaintiff’s counsel a so-called mootness fee. [read post]
31 Aug 2019, 9:52 am
Takiedine did not show how this provision was violated or harmed plaintiff. [read post]
30 Aug 2019, 9:47 am
On appeal, the plaintiff argued that he did not qualify for the “highly compensated employee” exemption because the day rate payment system used by his employer did not satisfy the “salary basis” test. [read post]
30 Aug 2019, 7:49 am
Because he was not located until four hours after the collision, there is no blood-alcohol testing. [read post]
30 Aug 2019, 6:41 am
("CAS"; not to be confused for the international sports tribunal) of Auburn Hills, MI, the plaintiff in the Northern District of California FRAND/antitrust lawsuit against the Avanci patent pool firm, whose contributors include Nokia, Continental, and various other patent holders. [read post]
30 Aug 2019, 3:30 am
Plus, the DOL (or a smart plaintiff’s lawyer) may be waiting in the wings with a Fair Labor Standards Act claim. [read post]
29 Aug 2019, 10:10 am
In a filing with the Equal Employment Opportunity Commission (EEOC), the plaintiffs alleged that they were disparately impacted by the pre-employment skills test or that their applications were stalled in some other way. [read post]
29 Aug 2019, 8:29 am
ZTE test (i) even though Nokia had not yet filed a request for injunctive relief at the time (it did not long thereafter, as Judge Dr. [read post]
29 Aug 2019, 2:02 am
In the opinion, the District Judge held that to establish a copyright claim there are two separate enquiries to be undergoneL The first is whether the defendant factually copied portions of plaintiff’s work, and second being those expressions that have been copied are protectable expressions and important to the copied work, citing Gates Rubber Co. v. [read post]
28 Aug 2019, 8:52 am
Breus met Randy Miller, the sole member of plaintiff IOW and the majority shareholder of plaintiff WEC. [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]
28 Aug 2019, 8:05 am
Putting serial plaintiffs to the test; that is, requiring them to lie if they are to withstand a motion to dismiss, would have a salutary effect on this kind of litigation by creating a real threat of sanctions against them and their attorneys under Rule 11 that might deter them from filing suit when they have no standing to do so. [read post]
28 Aug 2019, 8:02 am
The plaintiff has hired Civil Engineering Expert Witness Dr. [read post]
