Search for: "Test Plaintiff"
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11 Jul 2008, 3:45 pm
Mere failure to test does not rise to "manipulation. [read post]
21 May 2012, 7:16 am
The constitutionality of the government’s surveillance powers can and should be tested in court. [read post]
22 Sep 2008, 10:25 pm
The plaintiffs allege that the class could contain between 50-75 members. [read post]
25 Jan 2018, 1:36 pm
That lets the Fourth Circuit’s decision stand, leading to a much lower bar for plaintiffs in the Fourth Circuit. [read post]
25 Jan 2018, 1:36 pm
That lets the Fourth Circuit’s decision stand, leading to a much lower bar for plaintiffs in the Fourth Circuit. [read post]
28 Jun 2021, 10:23 am
More specifically, the Court addressed what is required for a plaintiff to demonstrate “concrete harm. [read post]
6 Jan 2012, 9:39 am
A preliminary expert report on the number of fish killed has been issued subject to revision after complete testing in the river. [read post]
24 May 2012, 7:25 am
In order to invoke a federal court's admiralty jurisdiction, a plaintiff must satisfy the requirements of both the "location test" and the "connection test. [read post]
30 Jan 2015, 8:19 pm
Although Professor Rothman has criticized the overemphasis upon p-values and significance testing, he has never suggested that researchers and scientists should ignore random error in interpreting research data. [read post]
1 May 2014, 8:18 am
The free testing cups could only be used to collect samples and then send them to Millennium, not for billable testing. [read post]
31 May 2013, 8:49 am
Considering this, and the plaintiff’s expert’s opinion that the surgeon’s negligence was the only cause of the tip break, the court found that this part of the res ipsa test was satisfied. [read post]
26 Sep 2016, 5:46 am
However, Plaintiff did not prove this in this case. [read post]
26 Aug 2015, 4:30 am
This same plaintiff? [read post]
19 Nov 2013, 12:02 pm
Applying Tennessee’s “most significant relationship” test – where, all else being equal, the default rule is to apply the law of the place of injury – the court concluded that Tennessee law should apply as it is both the place of injury and plaintiff’s domicile. [read post]
26 Feb 2013, 11:37 am
Id. at *5.Then, as to the complaint at hand and the allegations against the company representative, the court determined that with a “very generous reading,” plaintiff may have alleged enough to pass the test on duty and breach of duty, but that the complaint completely lacked any facts supporting even a plausible inference of causation. [read post]
6 Apr 2018, 12:00 pm
Restani employed the court’s four factor test to determine the propriety of a preliminary injunction, considering: whether the plaintiffs would suffer irreparable harm without the requested injunction; the plaintiffs’ likelihood of success on the merits; whether the balance of hardships favors the plaintiffs; and whether the public interest would be served by the injunction. [read post]
12 Feb 2014, 9:24 am
The court applied the same reasoning to the design defect claim, id., to plaintiff’s negligence claim to the extent it was based on negligence in researching, manufacturing, selling, labeling, testing, distributing and analyzing, id. at *10, and to plaintiff’s strict liability claim. [read post]
27 Nov 2015, 5:00 am
“Because the products at issue are deemed to have PMA approval, requirements are imposed under the MDA, and the first prong of the Riegel test is met. [read post]
17 Aug 2020, 8:37 am
Plaintiffs alleged that the food was marketed to consumers, not just to vets. [read post]
1 Apr 2015, 9:01 pm
I will suggest that when a test’s results are less than definitive, we may have a reason to avoid taking the test in the first place, even when the test itself is relatively uninvasive or innocuous on its own. [read post]
