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28 Aug 2022, 7:01 am by Kevin LaCroix
The complaint seeks to recover damages on behalf of the plaintiff class. [read post]
25 Aug 2013, 7:10 am by Aparajita Lath
But Colgate contended that no such test exists in the world. [read post]
29 Aug 2015, 12:30 pm by Larry
That means that if the plaintiff wins, the suspended cases will be resolved by a Rule 58.1 stipulation. [read post]
12 Nov 2020, 5:37 pm by Phil Dixon
As an issue of first impression, the Fourth Circuit adopted the “same-decision test” from Mt. [read post]
21 Jan 2022, 2:33 pm by Eugene Volokh
There is no question that the School District has enacted a number of safety measures designed to curb the spread of COVID-19 [including physical distancing, cleaning and ventilation, contact tracing, diagnostic and screening testing, and efforts to provide vaccinations to school communities]…. [read post]
28 Mar 2013, 1:47 am by Kevin LaCroix
  In drafting their complaint, the plaintiffs were able to draw extensively on the April 2011 report about the financial crisis of the U.S. [read post]
1 Aug 2008, 2:52 pm
In 2004, a jury in the Northern District of Texas awarded a physician $366 million in damages against a hospital and members of its medical staff for action taken by them to suspend the plaintiff physician's medical staff privileges. [read post]
10 Sep 2010, 5:04 am by Russ Bensing
  Remember all those assemblies in high school, where just before festivities got under way some pimply guy from the AV crew — who everybody laughed at then, but who’s now doing computer graphics for Pixar movies and making more money than you’ll ever dream of — walked out on stage and mumbled “testing, testing, testing” into the mike? [read post]
9 Jul 2017, 10:04 pm by Barry Barnett
Certification Judge Rakoff granted the plaintiffs’ motion to certify the case as a class action for damages. [read post]
3 Aug 2015, 10:53 am by Eric Goldman
However, you can see how it’s presented in this screenshot from the plaintiffs’ summary judgment motion: As you can see, the title tag reads “Meth Lab Cleanup, Testing, and Decontamination – Meth Lab Services. [read post]
16 Jul 2012, 1:32 pm by Brian A. Comer
  Generally, plaintiffs gravitated toward the consumer expectations test, and defendants gravitated toward the risk-utility test (i.e., because they believed each test was more favorable to their respective positions). [read post]
24 Jul 2017, 10:40 am by Venkat Balasubramani
Applying an objective test, the court says the works in question are not so aesthetically different from the original that they would pass the “reasonable viewer” test as a matter of law. [read post]
16 Jun 2010, 12:06 pm by Josh Wright
The point is that this core concern running through the Supreme Court’s Section 2 jurisprudence applies both to private plaintiffs and public plaintiffs. [read post]
5 Mar 2013, 5:07 pm by Andrew Frisch
Thus, under the “economic realities” test, Plaintiffs were not “employees” within the meaning of the FLSA. [read post]
31 Mar 2011, 7:16 am by emagraken
… [56] I would describe the mitigation test as a subjective/objective test. [read post]
26 Mar 2020, 1:25 pm by Eugene Volokh
The court also soundly rejected some constitutional arguments that the plaintiffs had made only briefly: "Plaintiffs do not assert any facts that would lead the Court to conclude that Governor Sununu has declared martial law, has taken any property from Plaintiffs without just compensation, or has exercised impermissible control over Plaintiffs' bodies. [read post]
10 Apr 2012, 7:00 am by Elder C. Marques
The motion judge granted the motion, finding that the plaintiff had failed to show a “strong cause” to decline to enforce the contract. [read post]
3 Jul 2012, 8:45 am by Wystan M. Ackerman
  If applicable state law on one or more causes of action permits an award of punitive damages and the maximum amount awardable under state law would bring the amount in controversy over $5 million, that would appear to satisfy the Tenth Circuit’s test. [read post]
7 Sep 2021, 12:00 pm by Bernard Clark
Their doctor negligently misdiagnoses their condition because they failed to order a standard test. [read post]