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9 Nov 2018, 3:55 pm
However, in a 2016 opinion, the District of Columbia Court of Appeals adopted the Daubert test. [read post]
9 Nov 2018, 11:58 am
” At the Daubert hearing, he indicated that he couldn’t testify as to whether the ARDL Test procedures were superior to other test procedure, nullifying his written opinion that the ARDL Test was implemented in a reliable way and the ITW Test was not. [read post]
In which I appear as a sideshow (but ABC gets the right result on TM/(c) claim based on news report)
9 Nov 2018, 11:56 am
Oct. 10, 2018)I show up in this opinion because I wrote a blog post and the pro se plaintiff decided that I was some sort of publicist for ABC (I am not). [read post]
8 Nov 2018, 3:34 pm
The plaintiff will need to provide evidence the defendant was negligent and that the defendant’s negligence caused the plaintiff’s damages. [read post]
8 Nov 2018, 9:02 am
However, plaintiff’s counsel suggested that an exception was appropriate based on common knowledge. [read post]
7 Nov 2018, 11:47 am
Courts reviewing First Amendment challenges can apply one of three standards: strict scrutiny applied to laws governing political speech; intermediate scrutiny applied to laws regulating commercial speech (“Central Hudson test”); or reasonableness for laws requiring purely factual disclosures reasonably related to the State’s interest in preventing deception of consumers (“Zauderer test”). [read post]
7 Nov 2018, 3:44 am
The test: Were you reasonable in bringing your colorable but not correct claim? [read post]
7 Nov 2018, 12:14 am
As the US District Court for the Southern District of New York found in that case, the key question to ask is whether the kind of association a defendant creates is likely to impair the distinctiveness of plaintiff's mark.This test was recently applied in the case (which, as far as I am aware, is still in progress) that superstar Beyoncé has brought against the producers of merchandise sold under the brand name FEYONCÉ and targeted at the… [read post]
6 Nov 2018, 9:05 pm
Department of Agriculture’s Food Safety and Inspection Service (FSIS) on Oct. 30 that one of its burrito products had tested positive for Listeria monocytogenes. [read post]
Argument analysis: Justices express skepticism over using legislative motive in pre-emption analysis
6 Nov 2018, 8:22 am
In responding to these justices’ worries over developing a workable motive-infused standard, Cooper proposed that the Supreme Court apply the test from the civil rights decision Village of Arlington Heights v. [read post]
6 Nov 2018, 7:03 am
Hottenstein has used this method to test perceptibility and Hottenstein has represented that taste tests are the best way to test perceptibility. [read post]
5 Nov 2018, 11:00 pm
” Likelihood of Success An important element of the test to obtain a preliminary injunction is the demonstration that the plaintiff is likely to succeed on the merits of one of its causes of action. [read post]
5 Nov 2018, 11:00 pm
” Likelihood of Success An important element of the test to obtain a preliminary injunction is the demonstration that the plaintiff is likely to succeed on the merits of one of its causes of action. [read post]
5 Nov 2018, 7:04 am
As a general proposition, the Supreme Court’s Central Bank opinion foreclosed aiding and abetting liability in private securities suits because of the possibility that the plaintiff might not have relied on the aider and abettor’s statements. [read post]
5 Nov 2018, 6:56 am
Plaintiff filed lawsuit involving pulling a dolly off an elevated dock lift. [read post]
5 Nov 2018, 5:13 am
Parson seems to assert that the Court should test Farley's defenses and, presumably, deny the motion to unseal if Parson is likely to succeed on the merits of his libel or false light invasion of privacy claims. [read post]
4 Nov 2018, 3:23 pm
The 5th Circuit, however, did not adopt the Alley test. [read post]
4 Nov 2018, 10:56 am
Super., May 8, 2017) (unpublished) (affirming exclusion of plaintiffs’ expert witness on epidemiology, under Frye test, for relying upon an epidemiologic study that failed to exclude confounding as an explanation for a putative association), affirming, Mem. [read post]
3 Nov 2018, 11:55 am
Plaintiffs allege that this new test effectively cuts off independent contractor owner-operators from contracting with licensed motor carriers in the state. [read post]
2 Nov 2018, 12:45 pm
"This doesn't pass the straight-face test. [read post]
