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10 Dec 2019, 6:03 am
Here’s the Supreme Court’s articulation of the (fairly malleable) test in Anderson v. [read post]
28 Apr 2011, 11:49 am
Further tests conducted by the Ecuadorian government uncovered no contraband, and no charges were filed against Plaintiffs. [read post]
11 May 2010, 12:45 pm
” (Page 18) (citations omitted).The Second Circuit has adopted the eBay test for not only permanent injunctions in the patent context but has broadened the test to copyright cases and in the preliminary injunction context. [read post]
4 Aug 2016, 1:34 pm
The court did not state the precise test it would ultimately apply in determining whether the interns were really employees, but stated that any such test would balance a number of factors that took into account both the benefit of the work to the employer and the individual intern’s experiences. [read post]
27 Aug 2012, 10:52 am
After additional tests, Dr. [read post]
4 Aug 2016, 1:34 pm
The court did not state the precise test it would ultimately apply in determining whether the interns were really employees, but stated that any such test would balance a number of factors that took into account both the benefit of the work to the employer and the individual intern’s experiences. [read post]
24 May 2010, 8:51 am
The plaintiffs challenged their exclusion from the screening process when the City exhausted its pool of well-qualified applicants but failed to begin considering those who scored "qualified" on the test. [read post]
28 Jan 2008, 3:00 am
The plaintiff later claimed that his injuries occurred as a result of the transformer explosion, but at that time the transformer could not be located for inspection or testing concerning the cause of its failure. [read post]
5 Mar 2010, 6:47 am
She also found the sanctioned plaintiffs had failed to identify, collect, and preserve sources of potentially relevant and responsive electronic evidence, such as back-up tapes.Judge Scheindlin found that 6 of the 13 plaintiffs had been grossly negligent and ordered a burden-shifting jury instruction as to them.The Pension Committee decision’s sharpest break with precedent is the creation of a burden-shifting test for spoliation. [read post]
4 Aug 2016, 1:34 pm
The court did not state the precise test it would ultimately apply in determining whether the interns were really employees, but stated that any such test would balance a number of factors that took into account both the benefit of the work to the employer and the individual intern’s experiences. [read post]
20 Jul 2011, 1:27 pm
Most plaintiffs cause trouble for themselves by discarding the product.Not this one.Because the plaintiff kept the product, it could be tested – and it was. [read post]
10 Aug 2020, 2:24 am
Here the two plaintiffs’ cases diverge. [read post]
29 Apr 2020, 4:20 pm
{In service of their argument, Plaintiffs make liberal use of the term "gather. [read post]
2 Apr 2019, 8:21 am
When the plaintiff doesn’t show the defendant benefited from the false advertising, disgorgement isn’t allowed even if the rest of the test favors disgorgement. [read post]
22 Apr 2009, 12:07 pm
But KSFY reports that the plaintiffs in the lawsuit don’t believe that at all. [read post]
9 Jul 2008, 3:35 pm
In 2002, the DJ plaintiff started filing applications to register the mark at issue. [read post]
19 Feb 2016, 7:10 am
Despite having never been tested nor inspected by UL, the Swagway product “allegedly used a mark that is identical to or substantially indistinguishable from the UL Certification Marks to falsely suggest that their Swagway hoverboard products have been tested, inspected, and certified by Plaintiff. [read post]
19 Feb 2016, 7:10 am
Despite having never been tested nor inspected by UL, the Swagway product “allegedly used a mark that is identical to or substantially indistinguishable from the UL Certification Marks to falsely suggest that their Swagway hoverboard products have been tested, inspected, and certified by Plaintiff. [read post]
8 Aug 2008, 3:54 pm
BSC claimed that JMOL was appropriate as to the accused products not tested by the plaintiff's expert. [read post]
27 Sep 2021, 2:41 am
As a result of their test finding, the plaintiffs alleged that Purina misrepresented the contents of these premium-priced products. [read post]
