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3 May 2019, 5:59 am by Michael DeRose
The officer initially admitted to using cocaine, completed drug and alcohol treatment, but then tested positive for the substance thereafter. [read post]
1 May 2019, 1:40 pm by Lawrence B. Ebert
Basedon those premises, Hi-Tech and Vital argued that plaintiffswould have discovered that the accused products did notinfringe had they read the labels on the accused productsand conducted simple tests before suing. [read post]
1 May 2019, 1:38 pm by Rebecca Tushnet
’ ”).But state law unfair competition claims survived under § 17200, since the “ultimate test for unfair competition is exactly the same as for trademark infringement. [read post]
1 May 2019, 8:45 am by Howard Bashman
“SCOTUS LGBT Discrimination Case Will Test Conservative Commitment to Textualism”: Law professor Michael C. [read post]
30 Apr 2019, 9:01 pm by Michael C. Dorf
If they keep faith with their textualist commitment, they will rule in favor of the plaintiffs.Arguments for the Plaintiffs Based on Text and PrecedentThe argument for the plaintiffs in the Title VII cases is very straightforward. [read post]
30 Apr 2019, 10:22 am by Trevor Cutaiar
JUDGE GRANTS Plaintiff’s Motion to Exclude Post-Accident Drug Test Plaintiff sued several defendants, claiming they negligently caused his injuries. [read post]
30 Apr 2019, 8:40 am by Rebecca Tushnet
” Tortilla Factory could test Makana’s sugar content just as it tested alcohol content. [read post]
30 Apr 2019, 7:39 am by Aaron Rubin and Charles Cartagena-Ortiz
As we noted in our prior post following the district court’s order dismissing plaintiff Herrick’s claims on Section 230 grounds, the case arose from fake Grindr profiles allegedly set up by Herrick’s ex-boyfriend. [read post]
30 Apr 2019, 7:26 am by Rebecca Tushnet
Apr. 12, 2019)Nominative fair use purports to be a test, but cases like this make me want to say that it’s a fairness judgment. [read post]
30 Apr 2019, 7:04 am by Rebecca Tushnet
There are a couple of pre-Lexmark cases suggesting the contrary, but Savvy Rest satisfied Lexmark’s standing test. [read post]
30 Apr 2019, 3:30 am by Richard Murphy
The upshot of Professor Nelson’s analysis is that Data Processing, properly understood, does not stand for the proposition that satisfying the arguably-within-the-zone test is enough for a plaintiff with constitutional standing to invoke the APA’s right of action. [read post]
30 Apr 2019, 2:44 am
 In the first instance, the plaintiff requested both a preliminary injunction and an interim judgment, but the Shanghai IP Court only rendered an interim judgment. [read post]
29 Apr 2019, 5:27 pm by Cross & Smith
Here at Cross & Smith, we are battle-tested litigators who are comfortable advocating on behalf of clients in high-conflict courtroom settings. [read post]
29 Apr 2019, 5:00 pm
Harte says it’s the latest in a string of cases where a plaintiff failed in a delayed infection case. [read post]
29 Apr 2019, 12:35 pm by Rebecca Tushnet
  The court concluded: “Here, the meager record permits no evaluation of the validity of the section 17501 under the Central Hudson test. [read post]
29 Apr 2019, 8:28 am by Steven Cohen
  The plaintiff argues that the methodology used by Stanley is not subject to validation, testing, or any other aspects of reliability. [read post]