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10 Aug 2020, 8:23 am
Div. 1996), and determined that plaintiff was a "special employee" of defendant and thus subject to the exclusive remedy of workers compensation.The court turned next to plaintiff's contention that he is not barred from suing defendant because the company's practice of allowing, if not encouraging, workers to stand on moving forklifts was an intentional wrong, thereby exempting this case from the exclusive remedy of workers' compensation. [read post]
30 May 2013, 2:02 pm
The decision in AU Optronics Corp., however, given its implication of issues of state sovereignty, could test just how far the Supreme Court is willing to go to guard against potential class action abuses. [read post]
14 Mar 2022, 6:55 pm
The plaintiff is facing a potentially unfavorable rate of duty. [read post]
19 May 2023, 8:38 am
There’s no blanket rule that hashtags can’t constitute infringement, as long as “the use otherwise meets the test for trademark infringement. [read post]
7 May 2012, 1:35 pm
Since experts tend to disagree (as they did in Publicis Groupe), it’s an absolute requirement to provide testimony about the operation and testing of the search tool chosen for the case. 2. [read post]
30 May 2013, 2:02 pm
The decision in AU Optronics Corp., however, given its implication of issues of state sovereignty, could test just how far the Supreme Court is willing to go to guard against potential class action abuses. [read post]
2 Jan 2024, 8:54 am
In 2017, Geerdes underwent cognitive testing and was diagnosed with dementia. [read post]
19 Jul 2009, 8:55 pm
The plaintiffs in this particular California class action (Mevorah) alleged that Wells Fargo’s conduct violated California’s Unfair Competition Law (UCL) by violating the federal Fair Labor Standards Act (FLSA), id. [read post]
19 Nov 2015, 8:51 am
In addition, the court stated, under the test articulated by the Supreme Court in Free Enterprise Fund v. [read post]
14 Feb 2014, 10:29 am
Further, the plaintiffs may not ground a claim of common-law vesting upon reliance on the limited permits that were issued to them. [read post]
4 Aug 2014, 12:58 pm
Plaintiffs assert that Defendant Gerald Tippmann and Vincent P. [read post]
28 Apr 2010, 8:48 pm
And the Ninth Circuit found no difficulty in finding that the adequacy of representation test in Rule 23(a)(4) had been met. [read post]
11 Feb 2014, 7:18 am
[i]f an injured plaintiff gets some compensation for the injury from a collateral source such as insurance, that payment is, under the collateral source doctrine, not deducted from the damages that the plaintiff can collect from the tortfeasor -The Test: As a rule of evidence, it precludes the introduction of evidence of the plaintiff being compensated by a collateral source unless there is a 'persuasive showing' that such evidence is of 'substantial probative… [read post]
25 Feb 2014, 11:52 am
The plaintiffs in Hassan v. [read post]
28 Nov 2017, 5:00 am
China apparently uses a bifurcated system, where validity is tested separately. [read post]
23 Jul 2017, 1:14 pm
" n118 On appeal, the Fourth Circuit held that while the commercial factor of the analysis tended to weigh against fair use, it had to be weighed alongside the other factors and was thus not determinative. n119 The plaintiffs argued that the district court erred in holding that iParadigms did not add anything new to a work to make it transformative, but simply stored the work in its archives. n120 They argued in the alternative that iParadigms still failed the transformativeness… [read post]
28 Jun 2013, 11:05 am
These promises were definite enough to pass the test. [read post]
21 Nov 2011, 12:04 pm
The court’s application of this test involves an exercise of discretion when assessing the weight given the test’s individual factors and reasonableness of the defendant’s explanation in each case. [read post]
21 Jun 2021, 8:21 am
The American Statistical Association (ASA) has finally spoken up about statistical significance testing.[1] Sort of. [read post]
27 Sep 2016, 8:52 am
The plaintiffs filing these class action lawsuits seek to represent other like plaintiffs in litigating their claims. [read post]
