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13 Apr 2019, 6:48 am
In recent years, plaintiffs have increasingly filed securities litigation in response to reports of bad actions within companies. [read post]
12 Apr 2019, 8:49 am by Steven Cohen
  Last, the defendant claims that Borison’s testimony is not reliable because his opinions are not supported by testing and do not address alternative causes. [read post]
11 Apr 2019, 4:02 pm by Cindy Cohn
And they can’t test the government’s claim of national security, because they don’t have standing. [read post]
To succeed on trademark infringement claim, a plaintiff must prove it owns a valid and legally protectable mark, it has priority in use of the mark over the defendant, and the defendant’s use is likely to cause consumer confusion. [read post]
11 Apr 2019, 10:46 am by Written on behalf of Peter McSherry
In each instance direction must again be focused on this difficult test of this “close and material” connection. [read post]
11 Apr 2019, 10:46 am by Written on behalf of Peter McSherry
In each instance direction must again be focused on this difficult test of this “close and material” connection. [read post]
11 Apr 2019, 8:12 am by Katherine Kiziah
3M Combat Arms Earplugs May Have Caused Hearing Loss The Judicial Panel on Multidistrict Litigation (JPML) issued a Transfer Order on April 3, 2019 centralizing lawsuits against 3M relating to allegations of issues regarding the design, testing, sale, and marketing of the dual-ended Combat Arms Earplugs, Version 2. [read post]
11 Apr 2019, 8:12 am by Katherine Kiziah
3M Combat Arms Earplugs May Have Caused Hearing Loss The Judicial Panel on Multidistrict Litigation (JPML) issued a Transfer Order on April 3, 2019 centralizing lawsuits against 3M relating to allegations of issues regarding the design, testing, sale, and marketing of the dual-ended Combat Arms Earplugs, Version 2. [read post]
11 Apr 2019, 8:12 am by Katherine Kiziah
3M Combat Arms Earplugs May Have Caused Hearing Loss The Judicial Panel on Multidistrict Litigation (JPML) issued a Transfer Order on April 3, 2019 centralizing lawsuits against 3M relating to allegations of issues regarding the design, testing, sale, and marketing of the dual-ended Combat Arms Earplugs, Version 2. [read post]
11 Apr 2019, 5:20 am by Rebecca Tushnet
Basically, it told the testing entity to use a particular setting when testing all four types of carpets, in contradiction to what the user manual said and what the testers initially did. [read post]
11 Apr 2019, 4:00 am by Public Employment Law Press
The Authority appealed and the Appellate Division reversed that portion Supreme Court's judgment that ordered the release of the documents related to Plaintiff's psychometric testing results related to his psychological evaluation. [read post]
11 Apr 2019, 4:00 am by Public Employment Law Press
The Authority appealed and the Appellate Division reversed that portion Supreme Court's judgment that ordered the release of the documents related to Plaintiff's psychometric testing results related to his psychological evaluation. [read post]
11 Apr 2019, 3:00 am by Walter Olson
Illinois Supreme Court: It violates due process for a plaintiff to recover a lot of money from a person who had no connection at all to the drug user. [read post]
10 Apr 2019, 12:43 pm by Steven Boutwell
  At Teche Regional, plaintiff’s attending physicians failed to diagnose plaintiff’s condition as a stroke as a result of failing to perform the proper diagnostic testing. [read post]
10 Apr 2019, 8:39 am by Steven Cohen
The plaintiff argues that Baker did not analyze the bedding itself, but it has pointed to nothing in NFPA 921 that requires such specific testing. [read post]
9 Apr 2019, 9:05 pm by Gregory F. Jacob
What is to stop the Commonwealth of Massachusetts, or some enterprising plaintiff’s attorney, from seeking a liability verdict outside of the Fifth Circuit based on the Fiduciary Rule’s supposedly defunct definition of investment advice and related impartial conduct standards? [read post]
9 Apr 2019, 6:30 am by Jay R. McDaniel, Esq.
Courts have adopted the “special injury” test to determine whether a claim states a direct or a derivative action. [read post]
9 Apr 2019, 5:03 am by Stephanie Zable
The most important test is the functional test. [read post]