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25 Jul 2018, 6:00 am by Guest Blogger
While this shift in what constitutes negligence is often described as a contraction of defendant liability, as it shifts the burden of proof to the plaintiff, along another dimension it can be understood as an expansion of liability. [read post]
24 Jul 2018, 8:32 am by Steven Cohen
  The plaintiffs filed suit against the defendants, who manufactured the batteries that, the plaintiffs contend, started the blaze. [read post]
24 Jul 2018, 8:20 am by Hirsch & Lyon
Risk-Benefit Test The risk-benefit test is fairly straightforward on the surface. [read post]
24 Jul 2018, 5:58 am
However, the test is not whether the goods are likely to be confused but whether confusion is likely as to source or sponsorship. [read post]
24 Jul 2018, 5:00 am by Daniel E. Cummins
 The case arose out of a Plaintiff's fall from a ladder.In this decision, the court noted that the admissibility of the Plaintiff’s design defect expert required a Daubert hearing on the Defendant's Motion in Limine seeking to preclude the Plaintiff's expert from testifying. [read post]
23 Jul 2018, 9:16 am by Law Offices of Jeffrey S. Glassman
  For this reason at least one women’s health charitable organization is asking for donations to perform more testing, since the federal government has been less than willing to perform much needed testing on talcum powder products. [read post]
23 Jul 2018, 9:16 am by Law Offices of Jeffrey S. Glassman
  For this reason at least one women’s health charitable organization is asking for donations to perform more testing, since the federal government has been less than willing to perform much needed testing on talcum powder products. [read post]
23 Jul 2018, 8:49 am by Michael Viner (Toronto)
To date, a fee shifting by-law has yet to be tested by the Canadian courts in the context of shareholder litigation. [read post]
22 Jul 2018, 4:26 pm by Kevin LaCroix
” Parkcentral’s test for whether a claim is “so predominately foreign as to be impermissibly extraterritorial” is an “open-ended, under-defined, multi-factor test, akin to the vague and unpredictable tests that Morrison criticized and endeavored to replace. [read post]
22 Jul 2018, 3:25 pm by Jesse Minc Law Group
  By way of background, Medicaid is a program run by the several States which is designed to provide medical coverage to vulnerable individuals among the population, and has a means test (i.e., an income-based test, as well as an asset-based test) to determine eligibility for benefits. [read post]
21 Jul 2018, 5:00 pm by otmseo
  By way of background, Medicaid is a program run by the several States which is designed to provide medical coverage to vulnerable individuals among the population, and has a means test (i.e., an income-based test, as well as an asset-based test) to determine eligibility for benefits. [read post]
21 Jul 2018, 8:07 am by Orin Kerr
In his view, the drug-testing program was clearly reasonable. [read post]
20 Jul 2018, 3:16 pm by Orin Kerr
In his view, the drug-testing program was clearly reasonable. [read post]
20 Jul 2018, 6:47 am by Law Offices of Jeffrey S. Glassman
For this reason, it is not common for car companies to place fuel tanks in the rear portion of a vehicle if a crash test demonstrates that the fuel tank can rupture. [read post]
20 Jul 2018, 6:47 am by Law Offices of Jeffrey S. Glassman
For this reason, it is not common for car companies to place fuel tanks in the rear portion of a vehicle if a crash test demonstrates that the fuel tank can rupture. [read post]
20 Jul 2018, 3:05 am by Walter Olson
Louis, the New Hot Spot for Litigation Tourists”), Reuters and more] “Trio of Soda Cases Test the Limits of Attorney-Driven Class Action Lawsuits” [Jeffrey B. [read post]
19 Jul 2018, 2:52 pm by Robert S. Litt and Sophia M. Brill
The ACLU argued that access to this type of information violates the basic “reasonable expectation of privacy” test. [read post]