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5 Jan 2017, 11:37 am by Heidi A. Nadel
Plaintiff appealing allowance of an anti-SLAPP motion to dismiss argued the statute was void for vagueness, and violated plaintiff’s own right to petition, to due process and to a jury trial under article XV of the Massachusetts Declaration of Rights. [read post]
5 Jan 2017, 11:37 am by Heidi A. Nadel
Plaintiff appealing allowance of an anti-SLAPP motion to dismiss argued the statute was void for vagueness, and violated plaintiff’s own right to petition, to due process and to a jury trial under article XV of the Massachusetts Declaration of Rights. [read post]
5 Jan 2017, 11:37 am by Heidi A. Nadel
Plaintiff appealing allowance of an anti-SLAPP motion to dismiss argued the statute was void for vagueness, and violated plaintiff’s own right to petition, to due process and to a jury trial under article XV of the Massachusetts Declaration of Rights. [read post]
23 Sep 2012, 8:42 pm by David Oliver
Acuity holistic-weight-of-the-evidence-via-subjective-judgment-performed-by-an-adequately-credentialed-person "general causation" test. [read post]
5 Feb 2021, 8:32 am by Richard Reibstein Esq.
In granting the plaintiff’s motion for summary judgment, the court applied the conjunctive three-prong test used in Massachusetts to determine independent contractor/employee status. [read post]
12 Jan 2021, 12:18 pm by Rebecca Tushnet
Again, the court gives weight to what I would have dismissed as mere chutzpah: Tricam argued that the only reasonable reading of its statements was that its ladders were tested for ANSI compliance, not that they passed, and they undisputedly were tested. [read post]
28 Jul 2017, 9:14 am by Eric Goldman
& Tech. 77 (2017): “We tested sixteen examples of native advertising. [read post]
31 Dec 2009, 11:46 am by Beck, et al.
Other medical tests indicated a "non-union" - that is, that the fracture had failed to heal. 2009 WL 5110780, at *1. [read post]
9 Sep 2013, 3:11 pm by Charles Sharman
So, even though the vast majority of class action cases are removed to federal court under CAFA, it is important to note this one possible exception, precipitated precisely because CAFA changes the citizenship test for unincorporated associations. [read post]
15 Dec 2020, 5:00 am by Daniel E. Cummins, Esq.
Supreme Court as such a contrary view “could unnecessarily restrict access to justice for plaintiffs. [read post]
20 Jan 2022, 8:29 am by Jonathan Bailey
The case may well become one of the latest to test the “server rule”, a rule that was established by the Ninth Circuit Court of Appeals in 2007 that made it so that sites that hyperlink or embed content from other sites cannot be found liable for direct copyright infringement. [read post]
6 Dec 2010, 12:47 pm by D. Scott Crook
Oklahoma City, the Tenth Circuit Court of Appeals ruled that Oklahoma City had no liability for its failure to properly supervise and train an expert forensic chemist who had testified in a trial that DNA from the plaintiff was found on a rape victim even though the tests clearly exonerated the plaintiff. [read post]
29 Nov 2012, 1:23 pm by Bexis
[The device manufacturer], designed, formulated, tested, manufactured, advertised, and sold [the device]. [read post]