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27 Nov 2018, 9:00 pm
However, in the vast majority of civil cases, the preponderance standard applies, even when the stakes are high, as when a plaintiff sues for defamation based on damage to her reputation. [read post]
27 Nov 2018, 12:27 pm
After County certified the FEIR (which included a supplemental staff report deemed to be an addendum), and the Board adopted the update, plaintiff and appellant High Sierra filed an action challenging both. [read post]
27 Nov 2018, 8:05 am
Wilson explained that the 9th Circuit’s purportedly modified approach to summary judgment in such cases actually is a vigorous application of the Supreme Court’s test for retaliation, in which the plaintiff must show that his speech was a cause for the arrest and the officer can rebut by showing that he would have arrested the plaintiff anyway. [read post]
27 Nov 2018, 8:00 am
” Building on this position, the government–plaintiffs asserted that the defendants must meet the three-pronged Shelton test before deposing its lawyers. [read post]
27 Nov 2018, 8:00 am
” Building on this position, the government–plaintiffs asserted that the defendants must meet the three-pronged Shelton test before deposing its lawyers. [read post]
27 Nov 2018, 3:30 am
” For support, the Colorado court cited a prior decision from an Oregon federal court (here) involving a plaintiff asserting FLSA claims against a defendant marijuana-testing laboratory. [read post]
27 Nov 2018, 3:02 am
Lamberth describes the plaintiff as a "cut-and-paste" serial litigant whose lawsuits "smack of extortion". [read post]
26 Nov 2018, 11:58 am
Blasband test. [read post]
26 Nov 2018, 11:41 am
The plaintiffs are expected to continue their challenge of Kentucky HEALTH. [read post]
26 Nov 2018, 10:20 am
In addition, parties to the Challenged Agreements consistently testified that, absent the agreements, they would bid, or test bidding, on 1-800 Contacts’ trademark terms and/or remove negative keywords from their advertising accounts…. [read post]
26 Nov 2018, 9:54 am
See Related Posts: Michigan Court Holds Foreseeability is the Test for Inherent Risk Michigan Court of Appeals Addresses Liability During Vehicle Maintenance [read post]
26 Nov 2018, 4:47 am
Explicit misleadingess is not the same as the general likely confusion test, which shouldn’t be used to “dilute” Rogers, but other circuits have treated it as “essentially a more exacting version of the likelihood-of-confusion test. [read post]
25 Nov 2018, 9:46 am
Apparently, the driver of the dump truck tested positive for several controlled substances. [read post]
23 Nov 2018, 12:39 pm
The NHL also agreed to pay almost $7 million in plaintiff legal fees. [read post]
21 Nov 2018, 11:20 pm
Wantock, though California has adopted several provisions and tests of applicability on its own. [read post]
21 Nov 2018, 12:10 pm
Aside from the normal defense tactics of surveillance (both in person and online), defence medical examination, digging in to one’s pre-accident history and testing their credibility at each step; there are other barriers to a Plaintiff’s recovery which can be even more difficult to overcome than a tactful defence lawyer. [read post]
21 Nov 2018, 10:54 am
Testing Exclusive Remedy After Florida Worker Death In a somewhat similar case out of Florida wherein plaintiffs sought compensation in addition to workers’ compensation, the family of an electrician’s apprentice for an energy company who died in 2015 while testing transformers at a Reddick substation. [read post]
21 Nov 2018, 9:11 am
Because the court of appeals believed that a balancing test was required in order to determine whether the truck stop owner owed a duty to the plaintiff’s husband under the circumstances, it agreed that the trial court had been wrong to dismiss the case on summary judgment. [read post]
20 Nov 2018, 2:06 pm
The court adopted a “reasonable reliance” test for alleged TCPA violations involving reassigned numbers, citing the D.C. [read post]
20 Nov 2018, 12:20 pm
This type of evidence is only admissible if a Plaintiff gives the jury the impression that he or she is in dire financial straits due to the injury; and even then, the evidence is only allowed for the limited purpose of cross-examining the Plaintiff to test his or her credibility with the assertion that he or she is in fact in dire financial straits. [read post]
