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25 Jan 2019, 9:57 am
The Court’s Decision The court used the “risk/utility test” to analyze whether Bed Bath & Beyond breached their duty to market safe products using the following 3 criteria: 1. [read post]
25 Jan 2019, 9:57 am
The Court’s Decision The court used the “risk/utility test” to analyze whether Bed Bath & Beyond breached their duty to market safe products using the following 3 criteria: 1. [read post]
24 Jan 2019, 10:01 am
What mental state would the plaintiff have to show on the speaker's part? [read post]
23 Jan 2019, 10:24 am
” There are no diagnostic tests available that can confirm pain due to neuropathy. [read post]
23 Jan 2019, 10:00 am
” The city also emphasizes that the plaintiff failed to explain how the “use of bidding technology,” which is conduct, is expressive or communicates any sort of message. [read post]
23 Jan 2019, 8:28 am
In Maryland product liability cases, courts will apply one of two tests to determine if the manufacturer can be held liable for the plaintiff’s injuries. [read post]
23 Jan 2019, 3:58 am
This legal malpractice case tests the limits of how long plaintiff can wait to sue for legal malpractice. [read post]
22 Jan 2019, 9:01 pm
Nonetheless, government motive tests are controversial for at least two reasons. [read post]
22 Jan 2019, 2:39 pm
I know never to agree to take a sobriety test. [read post]
22 Jan 2019, 11:26 am
In practice, courts often denied such exemptions, applying this "compelling interest" test in a relatively weak form, especially compared to how the test was applied in other fields, such as free speech or racial classifications. [read post]
22 Jan 2019, 10:37 am
The Second Circuit's decision: Like most other circuits, the Second Circuit applies a "Two-Part Test" in Second Amendment cases. [read post]
22 Jan 2019, 7:07 am
In 2000 they tested the earplugs and recognized that they were defective and did not perform as they had hoped or how they later advertised. [read post]
22 Jan 2019, 3:30 am
But, do you think that stopped the court from implying a private cause of action for the plaintiff? [read post]
21 Jan 2019, 12:08 pm
It’s also possible plaintiff may well have been too nervous and weak to perform well on the field sobriety test, because as we mentioned earlier, the results can often be subjective. [read post]
21 Jan 2019, 9:27 am
The defendant doctor, who worked in the emergency department, examined the patient physically, monitored his vital signs and ordered various tests. [read post]
21 Jan 2019, 1:50 am
In order to pass the court’s test for admissibility, the plaintiff or the injured party must show that the evidence is relevant under Rule 402 of the Minnesota Rules of Evidence. [read post]
20 Jan 2019, 4:05 pm
Young, 2019 ONSC 326 the plaintiff was a doctor who had written to a local newspaper. [read post]
17 Jan 2019, 12:49 pm
“Plaintiffs’ reference to what essentially amounts to mere use is not enough to satisfy this prong. [read post]
16 Jan 2019, 3:59 pm
[9] I am also troubled by Plaintiff's attempt to claim an excessive amount of damages beginning with its demand for compensation completely divorced from the Department's limited use of the two articles. [read post]
16 Jan 2019, 9:33 am
As we have repeatedly noted, the best way to avoid falling prey to such a suit is to achieve substantial conformance with WCAG 2.1 Levels A and AA (confirming such status by human-based code and user/assistive-technology testing). [read post]
