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23 Jan 2023, 7:38 am
Even without a presumption of injury, a plaintiff may “establish an injury by creating a chain of inferences showing how defendant’s false advertising could harm plaintiff’s business,” even “without direct evidence of lost sales or concrete proof of injury. [read post]
6 Jan 2013, 3:12 pm
The Supreme Court then addressed the "duty" analysis under the traditional "relationship" test. [read post]
16 Dec 2014, 12:01 pm
She apportioned liability for Fordham’s damages equally: 50 per cent to the plaintiff and 50 per cent to the defendant.The municipality appealed the decision.The principal question on the appeal, according to Justice John Laskin was: Did the trial judge misapply the test for assessing a municipality’s statutory duty of repair? [read post]
25 Jan 2013, 4:37 pm
The plaintiff, Loren Kransky, is seeking damages for injuries he says he sustained from the faulty replacement system. [read post]
31 Mar 2016, 12:13 pm
The questions presented by Plaintiffs to the Supreme Court are: 1. [read post]
15 Sep 2014, 1:46 pm
The latter requires a strict diet and blood tests on a frequent basis. [read post]
29 Jan 2014, 3:31 pm
The plaintiff argued that based on the Food and Drug Administration’s decision to take Redux off the market, there was no test for weighing the risks over the benefits that could have justified placing the drug in the marketplace, and Wyeth should have withdrawn the drug sooner than it did. [read post]
15 Jul 2014, 9:37 am
Although without doubt the enforcement of the law caused some curtailment of Castine’s exercise of her First Amendment rights, the Pickering test authorizes such a result. [read post]
15 Jun 2016, 3:46 am
The Board, as usual, turned to the four-factor test in Pioneer Inv. [read post]
8 Mar 2013, 4:59 pm
Kransky’s lawyers argued that DePuy failed to test the device adequately before selling it in the U.S. in 2005, hid and denied surgeon complaints of hip failures, and studied a redesign of the ASR before scrapping that effort in 2008. [read post]
28 Feb 2013, 12:51 am
This case will be the first to test in court in whether it can be proved that Fresenius is accountable to its patients for injuries. [read post]
8 Mar 2016, 6:26 pm
The Court applied two different tests to determine the citizenship of the corporate plaintiffs and the unincorporated defendant. [read post]
15 May 2013, 6:26 pm
Biomet, Stryker, Smith and Nephew and Zimmer Lawsuits Other metal on metal manufacturers are also under fire for allegedly selling defective hip implants without adequate testing. [read post]
28 Jan 2014, 9:37 am
The plaintiff in last Friday’s appeal was the Trustee in Bankruptcy for Castor, Richter Advisory Group Inc. represented by Fishman Flanz, which also represents Widdrington and various Canadian and foreign banks. [read post]
3 Jul 2023, 11:25 am
Under §43(a), it didn’t have to own the mark (or the other asserted registered mark, a “Blacks in Technology” logo) as long as it satisfied the zone of interests and proximate cause tests. [read post]
21 Nov 2012, 11:34 am
The plaintiff in Hibbard v. [read post]
21 Jun 2010, 5:46 am
Commissioner of Motor Vehicles - SC18534 ("The plaintiffs in each of these consolidated appeals... [read post]
4 Nov 2010, 5:00 am
Justice Corrigan: No—the requirements are set out in the threefold test. [read post]
3 Apr 2020, 4:00 am
Under the "balancing" test, the Court held in the unpublished section, the plaintiff had adequately alleged that defendants' handling of his loan modification was "unfair" within the meaning of the UCL. [read post]
2 Nov 2012, 2:17 pm
Plaintiffs have raised no such challenge. [read post]
