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13 Aug 2019, 12:08 pm by Trevor Cutaiar
Fifth Circuit’s decision in De La Rosa which, he argued, applied the incorrect test for determining vessel status. [read post]
13 Aug 2019, 10:30 am by Stan Gibson
The plaintiff, VSLI Technology (“VLSI”), opposed the motion and argued that its complaint stated facts sufficient to state claims for relief. [read post]
13 Aug 2019, 6:36 am by Second Circuit Civil Rights Blog
Congress wanted "motivating factor" to guide Title VII claims, but no such language appears in Section 1983, which means the courts apply the common-law fallback "but-for" causation test, a higher burden of proof for plaintiffs. [read post]
12 Aug 2019, 12:26 pm by Kevin LaCroix
We perform empirical tests to determine whether plaintiffs’ attorneys are working hard or making work in high-stakes securities class actions. [read post]
12 Aug 2019, 10:59 am by Joe Price
  The plaintiffs in each case were frequent users of Roundup and suffered catastrophic cancer diagnosis. [read post]
12 Aug 2019, 10:31 am by admin
The IME doctor will review things such as: The general appearance of the plaintiff Medical imaging studies and other objective manifestations of injury Tests that challenge the patient to see their level of discomfort and pain while performing certain tasks The plaintiff, depending on the injuries at issue, may have to go to more than one IME. [read post]
12 Aug 2019, 6:00 am by Christopher G. Hill
Finally, the Court pointed out that the general indemnity agreement did not include a reasonableness test for reimbursement of Plaintiff’s investigation and enforcement costs and, therefore, the Court determined that the Plaintiff was entitled to be reimbursed for its investigation and enforcement costs arising from the general contractor’s claim. [read post]
11 Aug 2019, 1:47 pm by Larry
In CBP Rulings, Customs seems to have arrived at the test of whether a user can load and run multiple different programs on the device. [read post]
10 Aug 2019, 4:45 am by SHG
Eldridge due process test for quasi-judicial administrative proceedings. [read post]
9 Aug 2019, 12:28 pm by Rebecca Tushnet
  You get copying in fact out of the sequence of events test, and wrongful appropriation from the audience test. [read post]
9 Aug 2019, 11:51 am by Jeffrey Neuburger
For example, Facebook had previously turned off the automated Tag Suggestion feature in the EU, but last year announced it would test the feature, giving EU users the opportunity to opt-in or block Tag Suggestions. [read post]
9 Aug 2019, 7:57 am by Steven Cohen
  Specifically, the defendant argues that Bergman did not do any testing, did not perform any studies, did not take any notes as to how people safely stepped onto or off of the curb, did not determine the sufficiency of the lighting, and did not speak directly to the plaintiff. [read post]
9 Aug 2019, 7:33 am by Rebecca Tushnet
  Disclaimer of the term at the PTO doesn’t bar an argument that the term is, or has become, distinctive of the plaintiff’s marks. [read post]
9 Aug 2019, 7:09 am by Greg Mersol
Second, the court analyzed the relationship between the drivers and the trucking company under various tests, such as economic realities, company procedures, the ability to turn down other work, profitability and skill. [read post]
9 Aug 2019, 6:16 am
Plaintiffs’ Attorneys Fees in Securities Fraud Class Actions Posted by Stephen Choi (NYU), Jessica M. [read post]
8 Aug 2019, 10:03 am by Steven Cohen
  Also, the court opines that her opinion is not based on a theory that can be tested, subject to peer review, or have a known or potential rate of error. [read post]