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5 Dec 2021, 11:13 am
In making this “relatedness” determination, the court declined to apply the “fundamentally identical” standard that some Delaware courts have applied to relatedness issues, but instead applied a “meaningful linkage” test. [read post]
3 Jun 2016, 7:12 am
Those balancing considerations include the following:The degree of competitive harm that the plaintiff may incur from disclosure, which necessarily entails some analysis of the merits.The degree to which the defense would be impaired by the witness' exclusion.The witness' role in the organization and whether he would have "specialized expertise that would not have been available to" outside experts.I am somewhat concerned that the In re M-I balancing… [read post]
16 Oct 2013, 1:38 pm
SLUSA bars plaintiffs from bringing state law claims based on misrepresentations made “in connection with the purchase or sale of a covered security. [read post]
7 Jan 2015, 4:44 am
Yellow’s policies do not indicate that the plaintiffs were engaged in substantial duties during their lunch break. [read post]
25 Jun 2019, 8:46 am
This petition asked whether a private securities-fraud plaintiff may establish the critical element of loss causation based on a decline in the market price of a security where the event or disclosure that triggered the decline did not reveal the fraud on which the plaintiff’s claim is based. [read post]
8 Oct 2019, 4:44 pm
The argument is frequently along the lines of “the plaintiff didn’t work in all of the job positions,” or “the plaintiff didn’t work at all of the locations. [read post]
1 Feb 2013, 9:44 am
Plaintiff in Aryeh ran a copy business, and leased copiers from defendant Canon Business Solutions, Inc. [read post]
24 Jun 2013, 6:51 am
But first, a plaintiff must actually prove that he or she is a “victim of domestic violence” by preponderance of the evidence. [read post]
6 Aug 2014, 1:57 pm
To determine whether a condition is unreasonably dangerous, courts use a four part test. [read post]
22 Mar 2011, 8:06 am
’” The test for whether “Niagara’s” use of “Silk Sandals” is “transformative,” then, is whether it “merely supersedes the objects of the original creation, or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message. [read post]
25 Oct 2011, 11:00 am
Giordano conducted several tests during that time, it was not until Monahan's final office visit on May 12, 2001 that Dr. [read post]
26 Mar 2012, 3:30 am
Her lawsuit joins other similar lawsuits, all claiming that the plaintiffs suffer from various side effects that have been linked to Yaz, including pulmonary embolism, blood clots and gallbladder disease. [read post]
13 May 2018, 3:43 pm
In a personal injury case, the plaintiff must put forth evidence demonstrating that (i) the defendant was negligent, (ii) the defendant’s negligence was the proximate cause of the plaintiff’s injuries, and (iii) the plaintiff has suffered cognizable damages. [read post]
13 Oct 2009, 5:08 am
For that reason, Disney’s ESV was built around essentially the same technology as its proprietary sit-down scooters and underwent similar safety testing. [read post]
17 Feb 2015, 2:45 pm
Anthony List makes it clear that Clapper wasn’t supplanting the substantial risk of harm test. [read post]
13 May 2019, 4:41 am
Most importantly for the purposes of this appeal, plaintiff and his father, plaintiff Edward Williams, commenced this action seeking justice with respect to the significant, life-altering personal injuries that plaintiff suffered in the shooting. [read post]
5 Mar 2019, 1:58 pm
Neither of those scenarios is good for a plaintiff. [read post]
24 Aug 2021, 9:05 am
Contact sports where participants cannot safely remain masked must adhere to a testing protocol. [read post]
7 Sep 2019, 5:34 pm
The exclusion of the plaintiff’s expert testimony in Diaz v. [read post]
16 Jul 2012, 1:32 pm
Generally, plaintiffs gravitated toward the consumer expectations test, and defendants gravitated toward the risk-utility test (i.e., because they believed each test was more favorable to their respective positions). [read post]
