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6 Feb 2019, 9:48 am
Secondly, the state of development of the applicable substantive law still constitutes a major obstacle to the plaintiff’s success. [read post]
6 Feb 2019, 8:47 am
As Judge Bybee's dissent pointed out, "the question of technological feasibility—in the sense of whether a manufacturer can satisfy the testing protocol—is one that can be readily answered in a laboratory. [read post]
6 Feb 2019, 7:08 am
The Court first holds that the "primary beneficiary" test applies in cases involving vocational schools or vocation-related programs. [read post]
6 Feb 2019, 4:00 am
A growing number of communities, and lawyers, around the world are focusing their attention on global fossil fuel companies, arguing that they are legally liable for their products’ contribution to climate change and at least partially responsible for resulting climate-related costs. [read post]
5 Feb 2019, 5:37 pm
” In the event the jury finds Kaseberg’s jokes “original” enough to be copyrightable, Kaseberg will still have to demonstrate O’Brien’s jokes were “virtually identical” to Kaseberg’s – a much higher standard than the typical “substantial similarity” test. [read post]
5 Feb 2019, 12:58 pm
It should have tested the regulation against Central Hudson scrutiny, rather than reasoning that if it couldn’t meet Zauderer’s exception then it couldn’t pass Central Hudson.Judge Christen and Chief Judge Thomas concurred in part and in the judgment. [read post]
5 Feb 2019, 12:17 am
Although he reviewed the plaintiff’s medical tests, he was not asked to examine the plaintiff and had no involvement in her treatment. [read post]
4 Feb 2019, 1:31 pm
At the oral argument in October 2017, the justices focused primarily on two closely related questions: Should courts get involved in reviewing partisan-gerrymandering cases at all, and, if so, what test should they use to review such claims? [read post]
4 Feb 2019, 6:59 am
It was determined that the employee needed further testing. [read post]
4 Feb 2019, 2:58 am
‘This doesn’t pass the straight-face test.'” [Short Circuit on Sali v. [read post]
4 Feb 2019, 1:00 am
To determine whether a party retained or specially employed a treating physician to supply expert testimony, the relevant test is “whether the treating physician acquired his opinion as to the cause of the Plaintiff’s injuries directly through his treatment of the Plaintiff. [read post]
1 Feb 2019, 9:37 am
The lawyer must use her legal training and independent judgment to test and carefully review the results to determine any anomalies. [read post]
1 Feb 2019, 9:35 am
Claims subsequently filed by plaintiffs against the broker were given permission to proceed by the trial judge. [read post]
1 Feb 2019, 9:00 am
Unsubstantiated or inadequately substantiated claims are not only problematic from the FDA perspective; they can also generate lawsuits from private plaintiffs, including consumers and competitors. [read post]
31 Jan 2019, 11:14 pm
To substantiate this claim, the plaintiff demonstrated that a number of test downloads always produced the complete songs from beginning to end and never had any ads or voice-over announcements, suggesting that they were not recorded from web-radios. [read post]
31 Jan 2019, 7:43 pm
The “adverse employment decision” can including failing to hire, failing to promote, demoting, terminating, and constructively discharging the plaintiff (i.e. intentionally creating a hostile work environment to encourage the plaintiff to quit). [read post]
31 Jan 2019, 3:49 pm
On appeal, the court examined previous Maryland asbestos cases and identified a two-part test to establish duty. [read post]
31 Jan 2019, 9:39 am
The jury also found the physician’s assistant and Winthrop Hospital were 85% at fault for discharging Daniele to home without performing a sufficiently thorough examination and/or ordering an MRI and/or blood tests. [read post]
31 Jan 2019, 9:22 am
The Alcotest device tests breath samples to determine blood alcohol content (BAC). [read post]
31 Jan 2019, 9:07 am
Evidently, the test results were abnormal. [read post]
