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30 Sep 2022, 5:58 pm
On the claim of forum non conveniens, the court applied the three-factor test of: 1) deference to the plaintiff’s choice of forum, 2) whether the proposed alternative forum is adequate, and 3) the balance of the public interest and the private interests of the parties. [read post]
22 Feb 2021, 3:03 pm
SAMUELS, Appellee. 2nd District.Torts -- Personal injury -- Dismissal -- Fraud on the court -- Trial court abused discretion by setting aside jury verdict in plaintiff's favor and dismissing case based on plaintiff's giving of inconsistent testimony regarding prior medical treatment -- Inconsistent testimony was known to defense counsel and was tested via cross-examination so that jury was able to determine whether plaintiff had lied or provided a … [read post]
12 Apr 2013, 10:13 pm
Maybe Plaintiff should get the child a lawyer for Christmas this year. [read post]
8 May 2014, 5:56 am
Also, typicality focuses on the defendant’s conduct and the plaintiff’s legal theory, not the plaintiff’s injury. [read post]
27 Jan 2015, 3:46 pm
The test articulated by the Second Circuit was fairly simple:[A district] court should determine whether the plaintiff can make out the elements of his § 1983 claim without resorting to the grand jury testimony. [read post]
2 Aug 2014, 8:34 am
This was iffy in the context of an issuer of securities, said the court, because it seemed inconsistent with Supreme Court teachings and the statutory text and history, and it wasn’t clear that securities issuers are fiduciaries or that investor protection would be enhanced by expanding opinion liability in this way.Assuming this test was available, though, the plaintiffs did not pass it. [read post]
15 Jul 2014, 5:12 am
After the jury ruled against it, Plaintiff filed a motion asking for discovery and to reopen the case because one of Defendant's expert's had apparently lied on the stand -- he said he conducted a test when he had not personally done so and he had not told the truth about his qualifications. [read post]
31 Mar 2022, 5:01 am
Plaintiffs sought injunctive relief. [read post]
11 Jan 2021, 8:17 am
Katyal responded by noting that the test, under RJR Nabisco, Inc. v. [read post]
25 Apr 2012, 7:14 pm
There can be no doubt that the plaintiffs have suffered and the temptation is great to offer them some form of relief. [read post]
23 Mar 2012, 12:53 pm
Defendant is entitled to test the memory and credibility of each potential class member just as it did with Ms. [read post]
17 Dec 2010, 1:49 pm
The Court concluded with the following short summary of the test Judges are to use in establishing ‘causation’ in BC negligence lawsuits: [63] In summary, having regard to the over-arching policy that the material-contribution test is available only when a denial of liability under the but-for test would offend basic notions of fairness and justice, I agree with the following statement made by Professor… [read post]
13 Aug 2020, 1:41 pm
Ixchel appealed to the Ninth Circuit and after oral argument, the Court certified two questions to the California Supreme Court, which rephrased the questions as: (1) Is the Plaintiff required to plead an independently wrongful act to state a claim for tortious interference of an at will contract and (2) What is the proper standard to determine whether § 16600 voids a contract by which one business is restrained from engaging in another lawful business? [read post]
3 Aug 2015, 6:52 am
“No set of circumstances” test. [read post]
9 Feb 2015, 10:58 am
The zone of interests test isn’t very demanding, and the plaintiff receives the benefit of the doubt. [read post]
3 Oct 2013, 7:20 pm
Although the court found that the complaint stated a cause of action against the defendant attorney because it met the three-pronged test of 1) the awareness of the defendant that its statements would be used for a particular purpose, 2) that the plaintiff was a known party who would rely on the statements in furtherance of that purpose, and 3) that the defendant had engaged in conduct linking it to the plaintiff (supplying the letter directly to it), the court… [read post]
15 Nov 2020, 1:25 pm
Libel-proof plaintiff? [read post]
25 Aug 2008, 3:00 pm
In November, Cook County Circuit Judge Diane Larsen sided with plaintiffs and declared the law unconstitutional and invalid in its entirety. [read post]
14 May 2007, 2:08 pm
This seems to be an odd test for materiality. [read post]
16 Oct 2014, 2:32 am
[KTRK, Houston Chronicle; text of subpoena request; motion to quash] The city has already backed off in part, saying it will narrow the demands to focus on the issue of whether the plaintiffs were aware of petition procedures. [read post]
