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6 Oct 2023, 7:00 am by M@jux-@dmin
When it comes to the admissibility of expert witness testimony in Arkansas, the Daubert test is followed. [read post]
23 Jan 2017, 7:59 am by Rebecca Tushnet
  Previous case about plaintiff’s website impersonating defendant Palermo. [read post]
18 Apr 2023, 5:48 am by Eugene Volokh
UPDATE: Thanks to Alwin (@TheButterZone), I learned that the Maryland intermediate appellate court reached the opposite result for the same plaintiff, Doe v. [read post]
10 Nov 2009, 7:25 pm by Josh Wright
This begs the question: is a price that fails the discount attribution test a necessary condition for the above set of theories to operate? [read post]
26 Jun 2022, 1:12 pm by Bill Marler
Many have been hospitalized, undergoing numerous tests and procedures, including surgery. [read post]
9 Sep 2017, 12:34 pm by Dean Freeman
The matter went before a jury, and after deliberation, found the auto manufacturer was negligent for failing to test the van’s seat belt system and that this negligent failure was the cause of plaintiff’s serious injuries. [read post]
25 Mar 2009, 4:14 am
Also specifications, instructions, test methods and standard operating procedures relating to the manufacture of  Digitek;  quality assurance/control and testing records for Digitek, and any of its component ingredients, including but not limited to records related to batch sampling, post-manufacturing testing and finished goods testing. [read post]
16 Mar 2011, 12:26 pm by Bexis
We’ve heard about a new plaintiffs’ informed consent theory that’s making the rounds. [read post]
24 Jul 2012, 1:18 pm
He also thought that there might be a screening test, by heel stick, and the blood would be sent to the lab for confirmation. [read post]
10 Jun 2017, 9:32 am by Schachtman
” These generalizations cannot be tested with jury research in which both sides’ presentations are often no longer than 60 minutes, or so. [read post]
13 Jun 2011, 11:10 am by Tim Eavenson
The Inexcusable First, Jon Hyman at the Ohio Employer’s Law Blog noted a $95 Million verdict in a single-plaintiff harassment case – probably the largest award ever received by a single employee plaintiff. [read post]
14 Dec 2011, 8:53 am
Tried and Tested Counter Arguments: Sometimes judges allow defense lawyers to make the argument despite lack of expert testimony and the cases above. [read post]
21 Apr 2011, 1:36 pm by Bexis
  The court held that no non-manufacturer product liability cause of action existed under Restatement (Second) of Torts §402B (a strict liability form of misrepresentation), for negligent failure to warn, for negligent failure to test (which shouldn’t exist at all), for negligent design, for negligent marketing and sale, for negligent manufacturing, for negligent failure to training physicians, and breach of express and implied warranty. [read post]
19 Aug 2013, 6:27 pm by Kevin Goldberg
This was good news for employers, since Baer’s “totality of the circumstances/primary recipient of the benefits” test would seem to afford them considerable leeway in the design of unpaid internships. [read post]
12 Dec 2011, 1:37 pm by Rantanen
Tubemater, Inc., the court concluded that plaintiffs still must satisfy the second prong of the old test – i.e., the “meaningful preparations” prong – to establish standing. [read post]
12 Mar 2020, 7:40 am
Therefore, a routine annual screening test may help you detect prostate cancer at an early stage. [read post]