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28 Aug 2019, 4:00 am
Shortly thereafter Plaintiff was arrested for driving while intoxicated after he refused a breathalyzer test. [read post]
27 Aug 2019, 6:01 pm
The third part of the test was fatal to the applicants in the 1992 Supreme Court case of Canadian Council of Churches v. [read post]
27 Aug 2019, 12:02 pm
As plaintiff’s attorneys look for more innovative ways to sue doctors, we may be looking at an increase in genetic malpractice claims. [read post]
27 Aug 2019, 10:30 am
Some general things that courts look to are whether the expert’s theory has been tested and peer-reviewed. [read post]
27 Aug 2019, 8:53 am
plaintiff's logoDefendants run a medical marijuana dispensary in Garland County, Arkansas, using the name “Doctors Orders,” “Doctor’s Orders Pharmacy,” and “Doctors Orders RX,” “roughly one hour away” from White Hall’s pharmacies. [read post]
27 Aug 2019, 8:28 am
Nearly all of the Federal Courts of Appeals have created balancing tests to determine whether a pseudonym is appropriate. [read post]
26 Aug 2019, 7:51 pm
Each trial is starting with a small group of plaintiffs who serve as "test cases" for the larger pool of property owners, said lawyer Rand Nolen, lead counsel for the downstream cases. [read post]
26 Aug 2019, 9:22 am
Aug. 20, 2019)Stouffer, who (with his coplaintiff production company and his brother, who is not a plaintiff) produced the Wild America nature documentary series, sued National Geographic for trademark infringement, copyright infringement, and unfair competition for its “Wild” productions. [read post]
26 Aug 2019, 9:13 am
Here, although latency test results showed that the SB6190 Modem was milliseconds slower than promised in laboratory test conditions, that didn’t show that the model lacked a basic degree of fitness for ordinary use. [read post]
26 Aug 2019, 7:55 am
The plaintiffs in this action are current or former homecare providers who help recipients with daily activities. [read post]
26 Aug 2019, 5:00 am
Yet, doctors wrote prescriptions for adolescents without proper testing. [read post]
25 Aug 2019, 8:42 am
In addition, the defendants argue that he did no testing or analysis in determining the size or shape that the barrier guard should be to prevent injury. [read post]
23 Aug 2019, 4:17 pm
Defendants have as much right to put them to the test as they have right to file suit, and courts should judge cases based on the truth about what happened, not an imaginary white hat / black hat distinction between plaintiffs and defendants. * I’m not providing a hyper-link because if you scroll down this page you’ll find it. ** See “Standing on Air” August 2012. [read post]
23 Aug 2019, 1:28 pm
Lexmark abrogated that prong of the test for advertising or promotion.Next, TET argued that its statements were nonactionable opinion. [read post]
23 Aug 2019, 10:55 am
While it’s true that “courts have held that a ‘plaintiff may and should rely on FTC guidelines as a basis for asserting false advertising under the Lanham Act,’ ” it’s also true that “there is no private right of action under the FTC Act, and its disclosure obligations do not apply to Lanham Act claims. [read post]
22 Aug 2019, 2:48 pm
The new rule would set a five-point prima facie evidentiary test on the plaintiff side alone. [read post]
Ninth Circuit Requires Proof of “But For” Causation for Claims Under Americans with Disabilities Act
22 Aug 2019, 9:04 am
Amy does not believe that Oregon courts will adopt the “but for” standard for state disability claims, and because a “substantial factor” test is easier for plaintiffs to meet, plaintiffs will be more likely to prevail on state law disability claims than those made under federal law. [read post]
Ninth Circuit Requires Proof of “But For” Causation for Claims Under Americans with Disabilities Act
22 Aug 2019, 9:04 am
Amy does not believe that Oregon courts will adopt the “but for” standard for state disability claims, and because a “substantial factor” test is easier for plaintiffs to meet, plaintiffs will be more likely to prevail on state law disability claims than those made under federal law. [read post]
22 Aug 2019, 3:28 am
Even Neal Katyal, Obama’s Solicitor General, is too tainted for consideration under their litmus test. [read post]
21 Aug 2019, 8:51 pm
Plaintiff’s first argument relied in part on Rominger v. [read post]
