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1 Sep 2018, 9:00 am
Plaintiff class action lawyers are on the hunt for violations of law. [read post]
30 Aug 2018, 2:23 pm
The US Department on Justice (DOJ) on Thursday filed a statement of interest [text, PDF] supporting the plaintiffs [press release] who are suing Harvard University over alleged racial discrimination against Asian-American students in the admissions process. [read post]
30 Aug 2018, 10:41 am
Incorporation Test issue from Goldman v. [read post]
30 Aug 2018, 7:06 am
The Court adopted the three-prong test articulated in Carlyle Inv. [read post]
30 Aug 2018, 6:18 am
Serco, Inc., the panel applied only the two-part test from Escobar—and not the more relaxed Ebeid standard—in holding that the plaintiff’s implied-false-certification claim failed. [read post]
30 Aug 2018, 5:59 am
As expected, this is a tough test to meet. [read post]
30 Aug 2018, 5:59 am
As expected, this is a tough test to meet. [read post]
28 Aug 2018, 10:44 am
The complaint alleged that the defendant used an identical mark with the bad faith intention to profit from the known goodwill of the plaintiff’s mark. [read post]
28 Aug 2018, 8:48 am
More Blog Posts: Court Finds that Car Dealership’s Insurance Policy Did Not Cover Customers on a Test-Drive, Maryland Car Accident Attorney Blog, published August 7, 2018. [read post]
28 Aug 2018, 6:00 am
Healthy test governs. [read post]
27 Aug 2018, 9:05 pm
He went to an emergency room and tested positive for Salmonella. [read post]
27 Aug 2018, 12:10 pm
The undisputed evidence shows that, historically, plaintiff utilized a red pan and metal grill for functional reasons, and, more recently, plaintiff utilizes a red pan and gray plastic grill with metal flakes for functional reasons. [read post]
26 Aug 2018, 3:51 pm
On a motion to dismiss, the plaintiff's factual allegations must be accepted as true and all reasonable inferences must be drawn in the plaintiff's favor. [read post]
26 Aug 2018, 10:40 am
As for the personality tests, these were ultimately unsealed. [read post]
25 Aug 2018, 4:20 pm
Must a plaintiff show "no adequate remedy at law" in order to obtain a remedy in the exclusive jurisdiction? [read post]
24 Aug 2018, 1:44 pm
In Maryland, the general test for determining if an employee’s wrongful actions were within the scope of his employment is whether they were in furtherance of the employer’s business and were “authorized” by the employer. [read post]
24 Aug 2018, 3:22 am
2) Substantial SimilarityKitty Kat performing on stage...- Matt BuckTo determine, for purposes of summary judgement, whether two works are substantially similar, a two-part analysis is undertaken - an objective extrinsic test and a subjective intrinsic test. [read post]
23 Aug 2018, 10:37 pm
2) Substantial SimilarityKitty Kat performing on stage...- Matt BuckTo determine, for purposes of summary judgement, whether two works are substantially similar, a two-part analysis is undertaken - an objective extrinsic test and a subjective intrinsic test. [read post]
23 Aug 2018, 7:00 am
” The Server Test stands in stark contrast to the “Incorporation Test,” a test that had been proposed by the plaintiffs in Perfect 10 and that would define display as “the act of incorporating content into a webpage that is then pulled up by the browser. [read post]
23 Aug 2018, 6:59 am
In toxic substance litigation, the court has departed from the traditional test governing the admissibility of expert testimony. [read post]