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13 Oct 2013, 9:26 am
The test used by courts with the use of Rule 702 is to act as a gatekeeper to test whether an expert’s opinion is reliable. [read post]
19 Nov 2012, 8:49 pm
The Jick study may have raised a hypothesis about spermicides, but it could not test that hypothesis in a meaningful way with the prescription data it used. [read post]
26 Aug 2021, 6:19 am
Justice Rothwell jumped into a contractual interpretation exercise to test the soundness of the plaintiffs’ argument that Clause 2’s ambiguity created a “floor” of 60 days’ notice. [read post]
30 Jun 2014, 6:00 am
It determined that a factual dispute exited regarding the plaintiffs’ ability to satisfy the location test. [read post]
4 Apr 2018, 6:20 am
Similar to their argument over the admissibility of the expert’s testimony, the defendants argued again that the expert should have tested whether the gender disparities “were the result of anomalies specific to individual Business Units. [read post]
29 Nov 2017, 10:29 am
(Yes, we understand the difficult balancing test between safety and privacy). [read post]
6 Nov 2021, 11:25 pm
A federal appeals court has put a temporary halt on the Biden administration’s vaccine mandate for businesses with 100 or more employees, citing “grave statutory and constitutional issues” raised by the plaintiffs. [read post]
21 Feb 2009, 6:30 am
"A demurrer tests the legal sufficiency of facts alleged in pleadings, not the strength of proof. [read post]
12 May 2010, 4:01 am
Charged $21K at purported “gentleman’s” club: “Plaintiff Has No Recollection of What Transpired in the Private Room” [Lowering the Bar] Census Bureau sued for discriminating against applicants based on criminal, arrest records [Clegg, NRO] Class action against Accenture for screening job applicants based on criminal records [Jon Hyman] Virtual indeed: “Virtual Freedom” author wants government to regulate Google’s search engine [ConcurOp] … [read post]
20 Feb 2019, 5:23 pm
In a Memorandum Order unsealed on February 19, Chief Judge Stark addressed disputes over Plaintiff Onyx’s privilege log. [read post]
21 Aug 2012, 4:53 am
When crafting a defense, it has to pass the B.S. test. [read post]
17 Jun 2013, 11:46 am
Since both the FHA and ECOA lack textual support for use of a disparate impact test, if Mt. [read post]
23 Sep 2009, 2:17 pm
 Our health system is a mess for a number of reasons, the least of which is the plaintiff bar. [read post]
15 Nov 2019, 8:41 am
Therefore, plaintiff has the right to information under Section 2(j), in the form of declarations of assets made pursuant to the 1997 Resolution. [read post]
24 Oct 2014, 3:03 am
Furthermore, the Supreme Court’s Nautilus decision was about the phrasing of the indefiniteness test, not the meaning of words of approximation, which are common in patent claims. [read post]
16 Aug 2016, 9:17 am
The plaintiff, Tundidor, sued Miami-Dade County after striking his head on a low hanging water line while on a pleasure boat traveling on a drainage canal. [read post]
31 May 2019, 3:11 am
Magistrate Judge Rowland granted in part defendants’ (collectively “Sysmex”) motion to compel more definite responses regarding plaintiff Beckman Coulter’s dates of conception and reduction to practice in this patent case involving automated software for testing specimens. [read post]
17 Jun 2018, 3:35 am
In denying Defendants’ motion, the Court explained that the Third Circuit has adopted the restrictive approach as a test for determining whether an anti-suit injunction should be entered to restrain the advancement of a foreign parallel proceeding. [read post]
1 Aug 2018, 9:14 am
Plaintiff Serena Wong, who filed her complaint against the grocery giant earlier this year, claims that the candies contain an undisclosed artificial ingredient, d-l malic acid, which enhances the candies’ tangy flavor. [read post]
11 Jan 2011, 4:46 pm
., pain clinic by four plaintiffs who allege the clinic prescribed excessive amounts of pain medications, causing overdose deaths and addictions. [read post]
