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4 Aug 2016, 12:19 pm
I’m sure this test will work perfectly in future cases. [read post]
16 Feb 2024, 12:13 pm
Second, the Lexmark court says, 43(a) has a proximate cause requirement: a plaintiff suing under § [43](a) ordinarily must show economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising; and that that occurs when deception of consumers causes them to withhold trade from the plaintiff. [read post]
15 Dec 2010, 8:51 am
The UPS decision provides additional guidance to employers and trial judges as to the proper tests to be applied. [read post]
8 Dec 2022, 5:00 am
The court found that the Plaintiff had been materially prejudiced by the Defendants’ discovery violations. [read post]
24 Aug 2007, 5:15 am
Plainitffs must show that the payments were material, with the test applied on a subjective basis. [read post]
12 Jun 2014, 9:00 am
LeMay for medical negligence claiming that he was negligent in choosing not to order tests that would have detected his wife’s cervical cancer in 2000. [read post]
20 Nov 2020, 8:35 am
Plaintiffs argued it was improper that Wyze did not present evidence of agreement by each of the plaintiffs. [read post]
10 Jan 2010, 10:22 am
Though defendant attempted to evade the test by claiming that undergoing it, and delivering the results to plaintiff, would violate the physician-patient privilege, the Court dismissed such reasoning out of hand, since the test “was ordered in conjunction with the litigation. [read post]
23 Nov 2018, 12:39 pm
The NHL also agreed to pay almost $7 million in plaintiff legal fees. [read post]
3 Apr 2014, 11:30 pm
That doesn’t seem unreasonable since the circuits split on competing tests. [read post]
3 Apr 2012, 6:40 am
The Court pointed out that Plaintiff’s application of the “most significant relationship” test was misguided because the New Jersey Supreme Court adopted that test in a tort, not employment action. [read post]
11 Jun 2007, 5:15 am
In application, however, the 8th Circuit did not extend the test to vendors who allegedly engaged in sham transactions aware that they would be used to commit financial fraud. [read post]
15 Nov 2013, 5:40 am
But without deciding which standard applied, the court used the latter because if the restriction failed under the intermediate test, it necessarily would also fail under the stricter test. [read post]
7 Jun 2016, 5:30 am
In the alternative, Plaintiffs sought redress under the APA. [read post]
15 Mar 2019, 6:46 am
” [See xkcd on “clinically tested. [read post]
6 Jun 2014, 5:00 am
Stein’s advice, including which test results to disclose and proposed language to accompany the test results, was memorialized by her in the Stein Memo. [read post]
7 Jun 2016, 5:30 am
In the alternative, Plaintiffs sought redress under the APA. [read post]
9 Jan 2011, 2:44 pm
Plaintiff sues competitor/defendant for copyright infringement in three models. [read post]
14 Jan 2011, 3:23 am
First, plaintiff's claims sounded in copyright regardless of whether the Court used the "face of the complaint" test or the "principal and controlling issue" test both of which have been used by the Seventh Circuit. [read post]
1 Sep 2015, 7:14 pm
”[vii] In addition to “injury-in-fact,” the Court briefly touched on the causation and redressability prongs of the Article III standing test. [read post]
