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21 Dec 2018, 1:25 pm by Rebecca Tushnet
  Under the court’s reasoning, it wouldn’t be false advertising for a food producer to claim to “win” a taste test—taste being classically subjective—by removing the tasters who rated the product poorly and not disclosing that. [read post]
21 Dec 2018, 10:58 am by Michaela Goldstein and Michael Campbell
After two years, California courts are finally putting California’s “A Fair Day’s Pay Act” (the “Act”) to the test. [read post]
20 Dec 2018, 2:21 pm by David Kopel
Plaintiffs are a husband and wife who live in D.C., plus the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA). [read post]
20 Dec 2018, 10:56 am by Cannabis Law Group
Additional Resources: Farm Bill Effect: Impact on U.S. and Global Hemp Markets, December 2018, Hemp Business Journal More Blog Entries: More California Marijuana Products Passing Stringent Safety Tests, Dec. 16, 2018, Los Angeles Hemp Lawyer Blog [read post]
20 Dec 2018, 9:58 am by Eric Goldman
The defendant Avance bought keyword ads triggered on the plaintiff’s trademark “Passport Health. [read post]
20 Dec 2018, 4:25 am by Andrew Lavoott Bluestone
” “The plaintiff’s claims arose from an incident occurring while the plaintiff was in defendant Mohan Sharma’s medical office along with her grandmother to receive certain test results. [read post]
19 Dec 2018, 9:27 am by Altman & Altman
The company may have also performed product tests in a manner that avoided detection of the deadly mineral. [read post]
19 Dec 2018, 9:27 am by Altman & Altman
The company may have also performed product tests in a manner that avoided detection of the deadly mineral. [read post]
19 Dec 2018, 8:21 am by Second Circuit Civil Rights Blog
Under the but-for test, the plaintiff has to show the retaliatory intent by itself made a difference, even if it was not the sole cause.What it means for Miller is that, after all this time, this case proceeded in the district court under a liability standard that the Supreme Court has since repudiated. [read post]
19 Dec 2018, 7:51 am by Steven Cohen
Snyder’s three factor test is not reliable because this theory has not been peer-reviewed. [read post]
19 Dec 2018, 3:12 am by Allan Blutstein
And we need to test the limits of the “categorical approach” to identifying harms that Judge Mehta accepted. 6. [read post]
18 Dec 2018, 5:29 pm by Sabrina I. Pacifici
A Reuters examination of many of those documents, as well as deposition and trial testimony, shows that from at least 1971 to the early 2000s, the company’s raw talc and finished powders sometimes tested positive for small amounts of asbestos, and that company executives, mine managers, scientists, doctors and lawyers fretted over the problem and how to address it while failing to disclose it to regulators or the public. [read post]
18 Dec 2018, 5:24 pm by Arthur F. Coon
  It found plaintiff’s evidence of pedestrian safety and traffic impacts insufficient to support a fair argument, and did not reach its general plan inconsistency claim. [read post]
18 Dec 2018, 1:06 pm by Nathaniel M. Glasser
The plaintiff, a medical marijuana cardholder under Montana state law, tested positive for THC (a cannabinoid) after an accident in a company-owned vehicle. [read post]
18 Dec 2018, 10:47 am by Eugene Volokh
Massachusetts (stating that the test for whether a weapon falls within the scope of the Second Amendment is "a conjunctive test: A weapon may not be banned unless it is both dangerous and unusual. [read post]