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31 Oct 2013, 11:57 am by emagraken
As Macaulay J. said in Gorse, the formulation of this test stems from the well-known decision ofPeruvian Guano (1882), 11 Q.B.D. 55 at pp. 62-63 (C.A.) [read post]
31 Jul 2019, 8:29 am by Law Offices of Jeffrey S. Glassman
The defendant company’s effort to dismiss all of plaintiffs’ expert witnesses would effectively result in the end of litigation for these plaintiffs because without that testimony, they won’t have enough proof of their claim. [read post]
5 Apr 2023, 12:31 pm by Kevin LaCroix
” The complaint alleges that the merger should be assessed under the “entire fairness” standard, and that in light of the circumstances, the Merger “cannot meet the exacting entire fairness test. [read post]
3 Dec 2021, 4:10 am by Howard Friedman
The court dismissed the defamation claim because plaintiff failed to adequately plead actual malice (i.e., knowledge of falsity or reckless disregard of the truth). [read post]
26 Nov 2014, 8:00 am by Greg Mersol
  The plaintiffs proposed alternatives such as reinstating the high-fidelity video test and adding a highly subjective factor of “integrity and conscientiousness. [read post]
16 Aug 2022, 9:01 pm by Michael C. Dorf
Still, given the trend lines, any dormant Commerce Clause challenge based on the balancing test faces a steep uphill battle.Meanwhile, California argues that the appeals court correctly concluded that the balancing test does not even apply in the Prop 12 case. [read post]
27 Dec 2018, 9:01 pm by Vikram David Amar
Rockefeller, where in 1969 plaintiffs argued—similarly to the plaintiffs in Arizona—that a 29-month delay in a Senate vacancy-filling election was impermissibly long. [read post]
19 May 2016, 1:33 pm
  The analysis for the second plaintiff was not quite as egregious, but was also excluded. [read post]
6 Jul 2022, 12:14 pm by Rebecca Tushnet
” Defendants argued that at least some of those sales weren’t its fault, but defendants could test causation at a later stage for youth RICO claims, and the UCL made intervening causes irrelevant to the restitution model. [read post]
24 Mar 2012, 7:20 pm
The plaintiff has failed to raise any issue of material fact which still needs to be tried before a jury and the Court upheld the dismissal. [read post]
22 Jan 2017, 6:02 pm by Omar Ha-Redeye
The test used by the parties was from Mountain View Farms Ltd. v. [read post]
14 Mar 2016, 10:45 am by Rebecca Tushnet
The purpose is to assess whether attempts to harm a trademark by tarnishment lead to negative emotional responses and eventual economic harm, as suggested by many plaintiffs in trademark dilution legal disputes…. [read post]
28 Apr 2024, 11:33 am by admin
Baxter Healthcare Corporation, 428 Mass. 1 (1998)): Although there was conflicting testimony at the Oregon hearing as to the necessity of epidemiological data to establish causation of a disease, the judge appears to have accepted the testimony of an expert epidemiologist that, in the absence of epidemiology, it is ‘sound science…. to rely on case reports, clinical studies, in vivo tests and animal tests. [read post]
6 Mar 2012, 3:30 am
 The plaintiff class comprised California citizens who had allegedly suffered harms similar to the named plaintiffs. [read post]
17 Mar 2020, 1:37 pm by Kevin LaCroix
  A copy of the plaintiff’s March 6, 2020 complaint can be found here. [read post]
17 Mar 2016, 8:39 am by Dr. Shezad Malik
The editors were told there was not, when in actuality there were such tests. [read post]
12 Apr 2016, 11:13 am by Dr. Shezad Malik
The editors were told there was not, when in actuality there were such tests. [read post]