Search for: "Test Plaintiff" Results 5721 - 5740 of 21,970
Sorted by Relevance | Sort by Date
RSS Subscribe: 20 results | 100 results
16 Jul 2012, 1:32 pm by Brian A. Comer
  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]
18 May 2022, 5:11 pm by Eugene Volokh
While the Second Circuit in Rogers was considering the title of a movie that used plaintiff Ginger Rogers's name, the Second Circuit has not only applied the Rogers test to titles, but also has found that it "is generally applicable to Lanham Act claims against works of artistic expression. [read post]
6 Feb 2012, 3:10 pm
The case centered on the Toyota's propensity to overturn in certain situations because of its high center of gravity and the likelihood of the roof crushing down into the passenger compartment during an accident.The attorney for the plaintiffs, said Toyota's testing of the 4Runner's danger to drivers came only as a result of lawsuits and noted that when the company started more serious rollover tests in 1997, Toyota protected its test drivers with… [read post]
18 Apr 2020, 2:52 am by Squire Patton Boggs
In essence, a plaintiff’s failure to satisfy the Meyer test based on underlying state-law tort claims may result in a ruling that the federal government has not waived its sovereign immunity, which may then result in a ruling that the federal court must dismiss for lack of jurisdiction over the claim. [read post]
19 Jul 2012, 4:07 pm by Schachtman
   Similarly, the court rejected the defense’s complaints that one of plaintiffs’ expert witness’s expert report and disclosures violated Rule 26(a)(2), by failing to provide “detailed working notes, intermediate results and computer records,” to allow a rebuttal expert witness to test the methodology and replicate the results. [read post]
7 Mar 2017, 4:00 am by Matt Maurer
  Under this test, the proper inquiry is whether the intention, purpose or motive of the non-party in putting the named party forward was to avoid liability for costs. [read post]
30 Aug 2016, 8:00 am by Robert Kreisman
He underwent a physical examination, a chest x-ray and a flu test, which were all reported to be negative. [read post]
6 Jul 2015, 8:26 am by Michael K. Grife, Esq.
Stat. 766.118 lacks any rational relation to a state objective, and fails both the “smell test” (another quote from Justice Pariente in Estate of McCall) as well as the rational basis test. [read post]
6 Jul 2015, 8:26 am by Michael K. Grife, Esq.
Stat. 766.118 lacks any rational relation to a state objective, and fails both the “smell test” (another quote from Justice Pariente in Estate of McCall) as well as the rational basis test. [read post]
6 Jul 2015, 8:26 am by Michael K. Grife, Esq.
Stat. 766.118 lacks any rational relation to a state objective, and fails both the “smell test” (another quote from Justice Pariente in Estate of McCall) as well as the rational basis test. [read post]
30 Mar 2017, 9:23 am by Audrey A Millemann
Apple just escaped a $533 million jury verdict by invalidating the plaintiff’s patents on the grounds that the patents cover abstract ideas. [read post]
30 Oct 2019, 3:30 am by Linda S. Mullenix
Plaintiffs’ Attorneys Fees in Securities Fraud Class Actions, NYU Law and Economics Research Paper No. 19-31 (July 15, 2019), available at SSRN. [read post]
23 Apr 2020, 9:32 am by Eric Goldman
Thus, the court runs through the standard Section 230 three-part test: 1) ICS provider/user. [read post]
6 Oct 2013, 10:12 am by Howard Friedman
Plaintiff failed a written test as to his sincere belief in the Jewish faith and refused to re-take the test.In Rumsey v. [read post]
24 Jul 2018, 5:58 am
However, the test is not whether the goods are likely to be confused but whether confusion is likely as to source or sponsorship. [read post]
11 Nov 2009, 1:24 pm by Alex Basilevsky
The plaintiffs in Florida Wildlife argue that while this standard sounds nice, it is entirely subjective, and has resulted in ineffective efforts to regulate nutrient levels in Florida’s waters.The plaintiffs’ initial legal hook was a 1998 EPA document called the Clean Water Action Plan, 63 Fed. [read post]
27 Dec 2023, 9:01 am by Anastasiia Kyrylenko
This makes it even more interesting to follow the German approach to the originality test, especially in the case of short literary works. [read post]
30 Dec 2016, 1:48 pm by Second Circuit Civil Rights Blog
The rules for this derive from case law, as judges adopt multi-part tests to weigh the interests of citizens and the competing interests of the government. [read post]