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3 Jun 2019, 1:19 pm
United States, and the plaintiffs’ subsequent petition for certiorari was denied by the Supreme Court. [read post]
3 Jun 2019, 11:02 am
In those motions, Plaintiffs argued that (1) the removal was not timely because Defendants had notice of the grounds alleged in the removal notice more than thirty days before the cases were removed, (2) the Defendants could not satisfy the elements of the jurisdictional test for “federal officer” removal jurisdiction, and (3) Defendants could not satisfy the test for substantial federal question jurisdiction set forth by the United States Supreme Court.… [read post]
3 Jun 2019, 11:02 am
In those motions, Plaintiffs argued that (1) the removal was not timely because Defendants had notice of the grounds alleged in the removal notice more than thirty days before the cases were removed, (2) the Defendants could not satisfy the elements of the jurisdictional test for “federal officer” removal jurisdiction, and (3) Defendants could not satisfy the test for substantial federal question jurisdiction set forth by the United States Supreme Court.… [read post]
3 Jun 2019, 11:02 am
In those motions, Plaintiffs argued that (1) the removal was not timely because Defendants had notice of the grounds alleged in the removal notice more than thirty days before the cases were removed, (2) the Defendants could not satisfy the elements of the jurisdictional test for “federal officer” removal jurisdiction, and (3) Defendants could not satisfy the test for substantial federal question jurisdiction set forth by the United States Supreme Court.… [read post]
3 Jun 2019, 11:00 am
It charged monopoly prices for its tests, and other labs were stopped from providing different and more comprehensive genetic testing. [read post]
3 Jun 2019, 8:49 am
Regarding the second opinion, the plaintiff argues that there is no need for expert testimony on the issue of substantial similarity as the test is whether the parties’ designs are similar to an ordinary observer. [read post]
3 Jun 2019, 4:54 am
In his brief, Ayers asserts that DNA testing excluded him as the perpetrator. [read post]
3 Jun 2019, 4:00 am
Zaunbrecher also asked for a blood test, but this request could not be granted as only the nurse practitioner, who was not available, could grant it. [read post]
3 Jun 2019, 3:30 am
But really, I read this case recently about a guy who resigned from his job ostensibly because of a retaliatory environment created after a failed drug test. [read post]
2 Jun 2019, 4:40 am
Here, a 15 second sample of song used in a political advertisement campaign by the plaintiff was used again for the purpose of a political message to be conveyed by the defendant wherein the plaintiff candidate was criticized. [read post]
31 May 2019, 9:47 am
” Its expert concluded that “61 percent of respondents who saw the test stimulus believe that corn syrup is in the Miller Lite and/or Coors Light you drink,” compared to 26 percent in the control, for 35% net confusion. [read post]
31 May 2019, 4:00 am
The case is also an important reminder on the test to claim damages for violation of moral rights. [read post]
31 May 2019, 3:11 am
Magistrate Judge Rowland granted in part defendants’ (collectively “Sysmex”) motion to compel more definite responses regarding plaintiff Beckman Coulter’s dates of conception and reduction to practice in this patent case involving automated software for testing specimens. [read post]
30 May 2019, 12:09 pm
In Jefferson County, for example, the schools were forced to close for several days and critical student testing was delayed. [read post]
29 May 2019, 1:30 pm
The Plaintiffs claim in this litigation that the BHR acetabular cup was approved by the PMA process, but that the modular femoral head and femoral stem components used to construct the Smith & Nephew total hip arthroplasty system were not approved by the FDA, such that the Defendant should not be immune from liability for the alleged defects in the design of the product. 10+ Years of Hip Implant Safety Issues Over the last 10 years, there have been numerous recalls and safety alerts… [read post]
28 May 2019, 4:42 pm
There will be regulators and plaintiffs attorneys looking to swoop in and nab those whose policies or acts fail to comply with the law. [read post]
28 May 2019, 8:13 am
The Iowa Supreme Court upheld the decision in Gacke and found that the three prong test was still applicable. [read post]
28 May 2019, 7:52 am
(“Defendants violated Plaintiffs’ rights to bodily integrity” by failing “to protect Plaintiffs from a foreseeable risk of harm. [read post]
28 May 2019, 7:52 am
(“Defendants violated Plaintiffs’ rights to bodily integrity” by failing “to protect Plaintiffs from a foreseeable risk of harm. [read post]
28 May 2019, 7:21 am
The court further notes that the plaintiff was not personally tested or physically examined in any way. [read post]
