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11 Apr 2016, 11:05 am
Unfortunately for the Plaintiffs’, the Fourth District of Appeals held that the Undertakers Doctrine did not apply to this case because the actions of Flanigan’s are insufficient under the multi prone test to establish liability under the Undertakers Doctrine. [read post]
21 Oct 2016, 12:25 pm
Here, the trial court–and later the Maine Supreme Judicial Court–applied the test set forth in the 2012 case of Mahar v. [read post]
5 Apr 2017, 9:18 am
Per the so-called “Burrell test,” based on the 1991 decision in Burrell v. [read post]
11 Apr 2016, 11:05 am
Unfortunately for the Plaintiffs’, the Fourth District of Appeals held that the Undertakers Doctrine did not apply to this case because the actions of Flanigan’s are insufficient under the multi prone test to establish liability under the Undertakers Doctrine. [read post]
19 Aug 2008, 7:21 am
Accordingly, this factor seems to relate mostly to the number of pending actions.Fifth, the Panel is less likely to centralize cases when the same plaintiffs or plaintiffs' counsel are involved in most or all of the subject actions.We also identified two independent factors that increase the odds of centralization. [read post]
31 Jan 2014, 2:50 pm
Though the network was free/plaintiffs registered after acquiring their consoles, plaintiffs alleged that access to the network, and internet access via their consoles, was a key feature of the consoles. [read post]
22 May 2023, 11:55 am
Plaintiffs had “varying levels of success and visibility in their modeling careers. [read post]
28 Jan 2019, 9:40 am
The plaintiff argued he was negligent for failing to fully review her test results, for failing to recognize the dangers of proceeding with the abnormal test results, and for failing to inform the surgeons of the abnormal test results. [read post]
2 Oct 2015, 11:30 am
· Seventh, an orthopedic surgeon was allowed opine on cause without blood test results on plaintiff like he typically uses to diagnose metallosis. [read post]
27 Oct 2016, 7:00 am
In September 2015, the German automaker Volkswagen (VW) admitted that it had manipulated software in around eleven million diesel vehicles worldwide to cheat on emissions tests. [read post]
24 Oct 2012, 10:02 am
When testing the NuvaRing, Organon found they had bursts of estrogen which they could not control, and ultimately decided they would just have to live with that situation. [read post]
22 Aug 2012, 5:00 am
Even when the plaintiff complained of activities that might at first blush seem different from disclosing risks on the label, such as failure to investigate or test, any knowledge that would have been acquired from such investigation or testing "would have been helpful" only insofar as it would have been "communicated through labeling - which would not have made any difference as long as the Generic Defendants were following the FDA's labeling… [read post]
1 Jun 2023, 5:23 pm
The plaintiff, therefore, could not meet the more likely than not test for causation. [read post]
16 Jan 2022, 6:25 am
Laufer, the tester plaintiff in Laufer v. [read post]
31 Jan 2013, 12:57 pm
We do not see how the non-Pradaxa discovery requests satisfy a rigorous application of the benefit vs. burden balancing test. [read post]
21 Feb 2024, 4:00 am
” He started collecting real-world test data in August 2018. [read post]
29 Jan 2018, 3:03 pm
Illinois courts allow for the plaintiff to use either the consumer-expectation test or the risk utility test. [read post]
29 Jan 2018, 3:03 pm
Illinois courts allow for the plaintiff to use either the consumer-expectation test or the risk utility test. [read post]
12 Feb 2017, 4:57 pm
The plaintiff appealed. [read post]
2 Jun 2013, 9:34 am
Justice Horkins applied the Anns/Cooper test to determine whether a new duty of care should be established as plead. [read post]
