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1 Aug 2019, 10:00 am by Audrey A Millemann
  The plaintiffs had not read the defendants’ product labels and had not conducted basic testing. [read post]
25 Dec 2016, 5:45 pm by Omar Ha-Redeye
The first part of the test under s. 137.1(4)(a) is unlikely to be affected considerably. [read post]
10 Dec 2023, 2:06 pm by Lloyd J. Jassin
These devices -- which are part of every novelist's and screenwriter's toolkit -- belong to a common pool of literary techniques analogous to unprotectible ideas.The Copyright Infringement Test In a copyright infringement case, the plaintiff is required to prove that the defendant actually copied its work and that the copying was so "substantial" as to constitute an unlawful taking of plaintiff's work. [read post]
10 Dec 2023, 2:06 pm by Lloyd J. Jassin
These devices -- which are part of every novelist's and screenwriter's toolkit -- belong to a common pool of literary techniques analogous to unprotectible ideas.The Copyright Infringement Test In a copyright infringement case, the plaintiff is required to prove that the defendant actually copied its work and that the copying was so "substantial" as to constitute an unlawful taking of plaintiff's work. [read post]
23 Aug 2012, 12:47 pm
The Supreme Court has articulated a two-part test for determining when a consent decree should be modified. [read post]
19 Jul 2014, 7:35 pm
In applying the rational basis test, the test the court finds applicable here, courts must "defer to the Legislature, which is presumed to know all facts that would support a statute's constitutionality a presumption which must be rebutted beyond a reasonable doubt. [read post]
25 Mar 2010, 9:45 am by John Hochfelder
In each of the following recent cases it was held that plaintiff failed to meet the requirements under the 90/180 test (in large part because of the lack of objective testing showing significant deficits): Toure v. [read post]
5 Jan 2018, 6:20 am by Joy Waltemath
In May 2012, near the end of his second year, the plaintiff failed the Step 3 test, which he had to pass to enter his third year. [read post]
24 Aug 2010, 5:13 am by Brian A. Comer
At trial, Plaintiff claimed that Ford was negligent in failing to adequately test the seatbelt sleeve, but did not challenge the seatbelt sleeve design. [read post]
20 Aug 2018, 5:30 am by Kevin
The headline “Spanish driver tests positive for every drug in test” seemed promising, but it turns out there were only five: alcohol, cannabis, cocaine, amphetamines, and opiates. [read post]
25 Feb 2016, 8:48 am by Peter S. Lubin and Vincent L. DiTommaso
Briana alleges GM should have conducted testing on the vehicles that would have alerted them to the issue before selling them. [read post]
30 Mar 2009, 11:48 am
We have reproduced the Legal Times article in its entirety below for our readers: Plaintiffs Bar Pushes Hill Agenda Legal Times, page 1 David Ingram 03-30-2009 Trial lawyers are preparing for a fight in Congress over proposals that would open new areas for civil litigation, testing whether they can translate their newfound political capital into legislative victories. [read post]
21 Sep 2016, 6:48 am by Joy Waltemath
As to the plaintiffs’ disparate impact claims, Chicago relied on the validity study to establish that its physical skills test was job-related and consistent with business necessity. [read post]
21 Jul 2020, 12:32 am by Adeline Chong
That meant that whether a stay ought to be granted was to be determined under the Spiliada test on forum non conveniens rather than the “strong cause” test. [read post]
25 Mar 2015, 4:12 am by Beth Van Schaack
” This test was deemed satisfied, because CACI was party to a contract with the Department of the Interior, the performance of which involved a significant degree of domestic conduct (including the review of interrogation reports). [read post]