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12 Jul 2019, 12:06 pm
The individuals sustained the most recent concussion within one month of the testing. [read post]
11 Jul 2019, 2:41 pm
Plaintiffs will have a stronger case if there there is some violation of state regulation (and let’s be honest – the opportunity is ample). [read post]
11 Jul 2019, 10:12 am
“These might be fair points if the survey had been intended to test what message the statements conveyed (as relevant to the falsity element), or whether consumer confusion existed in a trademark case. [read post]
11 Jul 2019, 9:10 am
One of the plaintiffs’ expert witnesses was the late William J. [read post]
10 Jul 2019, 9:05 pm
Janus explicitly rejected an SEC test that would have imposed primary liability on a person who provided information for another person’s statement or who participated in the drafting of a statement. [read post]
10 Jul 2019, 1:45 pm
The defendant argues that Martin did not inspect the doors or the sensor, nor did he conduct any tests or collect independent data to determine whether the sensor was defective. [read post]
10 Jul 2019, 8:37 am
” First, defendants argued that plaintiffs failed to establish any damages, justifying summary judgment. [read post]
10 Jul 2019, 3:53 am
Now it will be tested by Dov Hikind’s blocking by AOC to determine whether the Circuit means it or this is just Trumplaw. [read post]
10 Jul 2019, 3:30 am
Sealed Defendant, 537 F.3d 185, explained that "[g]iven the presumption in favor of open records, a district court may permit a plaintiff to use a pseudonym only in the unusual circumstances in which 'the plaintiff’s interest in anonymity' outweighs both the public interest in disclosure and any prejudice to the defendant. [read post]
9 Jul 2019, 5:33 pm
Tellingly, the City fails to respond to the plaintiff's arguments in this regard. [read post]
9 Jul 2019, 2:40 pm
In 2004, the Air Force awarded a prime contract to Serco that called for testing and upgrading services to protect certain Air Force sites from “high altitude electromagnetic pulse” (“HEMP“) events. [read post]
9 Jul 2019, 1:38 pm
The plaintiffs were five individuals who identify as atheist or Secular Humanist and three organizations. [read post]
9 Jul 2019, 12:57 pm
Cal. 2013) (“To be ‘explicitly misleading,’ a defendant’s work must make some affirmative statement of the plaintiff’s sponsorship or endorsement, beyond the mere use of the plaintiff’s name or other characteristic. [read post]
9 Jul 2019, 4:11 am
” ” “”‘The test as to when a plaintiff should have discovered an alleged fraud is an objective one. [read post]
9 Jul 2019, 4:11 am
” ” “”‘The test as to when a plaintiff should have discovered an alleged fraud is an objective one. [read post]
9 Jul 2019, 2:00 am
The North Carolina plaintiffs claimed that the State’s districting plan discriminated against Democrats, while the Maryland plaintiffs claimed that their State’s plan discriminated against Republicans. [read post]
8 Jul 2019, 11:58 am
The Pennsylvania Supreme Court defined a four factor test for determining when someone is a seller. [read post]
8 Jul 2019, 10:42 am
”Under this test, Amazon is a “seller. [read post]
6 Jul 2019, 7:19 pm
"Rebecca Tushnet says "'may reasonably be perceived' has been the test (at least for parody) since Campbell--neither this judge nor the 2d Circuit made it up--and it makes sense for all forms of meaning-transformativeness, not just for the subcategory of parody, as both 2d and 9th have recognized. [read post]
5 Jul 2019, 9:23 pm
The test is whether the government is trying to add the citizenship question to the Census.The point here is simple and depends only on the work of the Census Bureau itself that is already in the record in this litigation. [read post]
