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8 Apr 2010, 12:49 pm
The new multi-factorial test was clearly designed in response to the kinds of modifications that the business owners had made, a set of tests specifically designed for these businesses to fail. [read post]
1 Dec 2021, 10:12 am
Plaintiffs offered NorthShore an alternative: in lieu of becoming vaccinated, Plaintiffs would instead submit to full-time masking and weekly COVID-19 testing. [read post]
30 Sep 2009, 3:26 pm
" Having adopted that formulation, he found that the statements challenged by Stern clearly met that test. [read post]
7 Feb 2008, 2:41 pm
And this was not a case where the plaintiff willfully avoided dispelling her fear by refraining from getting tested. [read post]
22 Jul 2019, 11:41 am
Section 230 Judge Koh applies the standard three-part test for Section 230(c)(1) (as usual, Section 230(c)(2) doesn’t even get a mention): ICS Provider: “Facebook is unquestionably an interactive computer service. [read post]
5 Jul 2012, 8:41 am
The Court examined this issue under the multi-factor test set forth in S.G. [read post]
A “Strong Likelihood” of Change: Sixth Circuit Joins the Fifth in Raising the FLSA Certification Bar
22 May 2023, 9:53 am
At that point, the defendant may move to “decertify” the collective, and the court applies a stricter test to assess whether the named and opt-in plaintiffs are sufficiently similarly situated to proceed together as a collective at trial. [read post]
12 May 2021, 9:15 am
The court applies the familiar 3-part test for a Section 230 defense. [read post]
12 Feb 2009, 2:11 am
Plaintiff clarified that his experts developed their theory independent of the test results. [read post]
1 May 2014, 4:59 am
The court continued on this path in considering the argument that the option under Illinois law to use either the consumer expectation test or risk-utility test to establish that a product was unreasonably dangerous negated Bartlettpreemption. [read post]
11 May 2009, 2:52 am
These are the kinds of broad trade secret assertions that often land plaintiffs in hot water.The court found that dealer identities were not secret, since they were posted on plaintiff's website. [read post]
30 Oct 2015, 6:12 am
W2013-00804-R11-CV (Oct. 26, 2015), plaintiff had Rh negative blood, and defendant failed to test and subsequently treat her with a specific injection during her third pregnancy. [read post]
27 Apr 2022, 7:28 pm
The Court applied the four-prong intermediate scrutiny test set forth in Central Hudson Gas & Electric Corp. v. [read post]
2 Feb 2010, 10:33 am
If one of those connections is not made out, the burden falls on the plaintiff to demonstrate that, in the particular circumstances of the case, the real and substantial connection test is met. - At the second stage, the core of the analysis rests upon the connection between Ontario and the plaintiff’s claim and the defendant, respectively [read post]
10 Aug 2016, 1:06 pm
The plaintiffs appealed the decision. [read post]
10 Aug 2016, 1:06 pm
The plaintiffs appealed the decision. [read post]
25 Jun 2013, 1:27 pm
Dyson commissioned independent testing of the Bissell vacuums using allegedly industry standard tests, which showed that the filtration performance of the OS vacuums didn’t come close to HEPA level. [read post]
22 Nov 2015, 10:00 pm
» Related StoriesAppellate Court Upholds Ruling to Require Production in Native Format: eDiscovery Case LawCourt Denies Defendant’s Motion to Require Plaintiff to Re-Produce Data in a More Usable Format: eDiscovery Case LawNot Surprisingly, The Big Data Market is Getting Really Big: eDiscovery Trends [read post]
25 Mar 2008, 4:18 am
Plaintiffs claimed that this was false and misleading; defendants have no studies showing bioequivalence or therapeutic equivalence, nor did they test their product with the same rigor as XenaDerm was tested. [read post]
15 May 2021, 9:09 am
CareDx’s Lanham Act claims were based on allegations that Natera falsely represented that Natera’s Prospera kidney transplant test is superior to CareDx’s Allosure Kidney test. [read post]
