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4 Jan 2019, 9:37 am
Under US law, to prevail on a copyright infringement claim, a plaintiff must establish that the defendant has actually copied the plaintiff's work; and that the copying is of a substantial similarity exists between the defendant's work and the protectible elements of plaintiff's. [read post]
4 Jan 2019, 6:57 am
Its definition of “genetic test” is similar to the one found in GINA. [read post]
4 Jan 2019, 5:00 am
The court denied the plaintiff’s motion for summary judgment, allowing the director defendants to develop and test the defense’s allegations at trial. [read post]
4 Jan 2019, 4:14 am
” At Reason’s Volokh Conspiracy blog, Orin Kerr offers his take on why the plaintiffs in Frank v. [read post]
3 Jan 2019, 6:35 am
Stockholder plaintiffs should be permitted to inspect contemporaneously created electronic books and records to test whether the publicly disclosed narrative of a sale process conceals undisclosed fraud on a board. [read post]
3 Jan 2019, 5:39 am
In particular, the plaintiff claimed that the defendants advertised intentionally understated fuel consumption ratings and that they also failed to disclose material facts relating to the fuel consumption ratings – specifically, that they were based on an older testing method that was being phased out and that did not accurate reflect real world driving conditions. [read post]
2 Jan 2019, 10:26 am
” Additionally, Judge Katzmann write that it was “not clear which of these tests determine whether a plaintiff has plausibly alleged that the actions a defendant took were imprudent in light of available alternatives. [read post]
2 Jan 2019, 8:31 am
Courts use a multi-factor test to determine whether someone is an independent contractor or employee, which largely turns on the amount of control the employer is able to exercise over the employee’s conduct. [read post]
2 Jan 2019, 7:46 am
Plaintiff’s Treatment Reportedly, on March 18, 2011, the plaintiff underwent a bilateral mastectomy with a first surgeon and immediately after underwent a bilateral breast reconstruction with a second surgeon. [read post]
2 Jan 2019, 6:43 am
When these lawsuits began, plaintiffs’ lawyers filed thousands of Mirena lawsuits. [read post]
2 Jan 2019, 2:34 am
Because the standing test under Spokeo hinges in part on the substantive cause of action, I thought I would explain what Congress was doing when it created this cause of action. [read post]
30 Dec 2018, 5:36 am
Lack of an ignition-interlock law for all offenders as well as lack of consequences for refusing sobriety tests were both cited as reasons for Massachusetts’ poor score. [read post]
29 Dec 2018, 8:55 am
Asbestos found in crayons: Crayons from a popular dollar store tested positive for asbestos. [read post]
28 Dec 2018, 7:39 am
The Judge examined the six-factor test under the Fair Labor Standards Act for granting approval to such settlements and concluded that there was no evidence of fraud and also, importantly, that the settlement addresses the plaintiffs’ possibility of prevailing on the merits. [read post]
27 Dec 2018, 9:01 pm
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]
27 Dec 2018, 10:30 am
Police began an investigation into the fatal bus accident, which included interviewing the bus driver and testing him for drugs and alcohol, which came back negative. [read post]
27 Dec 2018, 7:54 am
More than 30 defective medical devices were recalled in 2018, including ventricular assist systems, blood testing tubes (due to chemical interference that could lead to inaccurate test results), defibrillators, and Intra-Aortic Balloon Pumps. [read post]
27 Dec 2018, 6:57 am
Plaintiff hired a Bicycle Expert Witness to provide testimony. [read post]
27 Dec 2018, 5:00 am
Under this test, the restriction must be substantially related to an important governmental interest. [read post]
25 Dec 2018, 10:15 am
I am counsel for the plaintiff in the matter of Environmental Staffing Acquisition Corp. v. [read post]
