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26 Jun 2012, 5:58 pm
To most people with common sense, all reasonable medical tests should be ordered to fully diagnose a patient's problem. [read post]
9 Jul 2011, 1:04 pm
The facts of this case demonstrated substantial debt, financial distress and breach of the defendant’s financial covenants with its lenders, but the Court found that there was no evidence of imminent insolvency, and therefore, the Court determined that there was an inadequate demonstration of irreparable injury because money or rescissory damages would likely suffice to remedy the claims if the plaintiff prevailed on the merits. [read post]
9 Feb 2011, 11:25 am
Score one for Washington - new building codes survive big test from BIAW. [read post]
20 Apr 2015, 10:16 pm
After additional tests, it was confirmed that Surbridge’s illness stemmed from the raw milk he drank from Claravale Farm. [read post]
2 Jun 2022, 10:06 am
The federal appeals court with jurisdiction Ohio, the Sixth Circuit, had the substantively identical test. [read post]
15 Jul 2013, 9:27 am
Finally, the case defined "substantial similarity" for measuring wrongful copying (“whether defendant took from plaintiff's works so much of what is pleasing to the ears of lay listeners"); a standard that later got recapitulated in Learned Hand's "ordinary observer" substantial similarity test in the Peter Pan case 15 years later. [read post]
19 Jul 2019, 7:39 am
The court ruled that Volans-i sufficiently defined its trade secrets as the specific combination and layout of the components on its avionics board; its flight and testing data; proprietary software; and design decisions. [read post]
14 Jul 2008, 11:16 am
It thus left standing the appellate court’s view on the important issue whether so-called de minimis exposures are sufficient to satisfy the substantial factor test. [read post]
20 Sep 2011, 2:44 am
” The court ruled that plaintiffs could not establish standing under either test. [read post]
18 Oct 2010, 11:14 am
The plaintiff moved the district court to confirm the class determination award. [read post]
27 Apr 2012, 11:44 am
Discover Bank and Gentry established two different tests of whether to enforce a class arbitration waiver, which should be considered separately. [read post]
10 Jan 2021, 1:29 am
If the expert refuses to do that, then the tests should not be permitted in testimony. [read post]
9 Aug 2014, 10:01 pm
” And, when testing she thought would be Salmonella-positive came back negative, she said it “stinks. [read post]
8 Oct 2013, 7:19 am
Gill) the Plaintiff alleged that “he suffered serious injuries” in a rear end collision. [read post]
16 Jan 2017, 7:45 am
The plaintiff filed a motion to exclude and it was granted. [read post]
18 Dec 2013, 2:13 pm
The plaintiffs seek damages for injuries allegedly sustained from their product use, including some alleged deaths, heart attacks and strokes. [read post]
1 Sep 2013, 8:50 am
Calder concerned a California plaintiff that sued a Florida newspapers for an alleged libelous article. [read post]
1 May 2015, 1:10 pm
The defendant-employers, for their own part, have urged the court to adopt a “primary beneficiary” test, or a totality test of the six DOL factors, rather than the DOL’s all-or-nothing test. [read post]
24 Feb 2022, 6:18 pm
The plaintiff had moved assembly from China to the Philippines, but retained many significant parts from China including a populated printed circuit board assembly. [read post]
16 Oct 2015, 8:42 am
With respect to the first factor test, it favors a finding of fair use (unless the value of its transformative purpose is overcome by its providing text in a manner that offers a competing substitute for Plaintiffs' books [...] [read post]
