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11 Apr 2016, 8:00 am by Clay Hodges
I don’t usually spend much time with plaintiffs’ attorneys who think every corporate decision is an act of violence and malfeasance. [read post]
5 Jul 2018, 7:20 am by Overhauser Law Offices, LLC
” Next, the Court had to determine if the function, way, result test, or the insubstantial differences test should be applied to the facts at hand. [read post]
17 Mar 2012, 5:56 am by Andrew Frisch
While each element need not be present in every case, finding employer status when none of the factors is present would make the test meaningless. [read post]
5 Jul 2018, 7:20 am by Overhauser Law Offices, LLC
” Next, the Court had to determine if the function, way, result test, or the insubstantial differences test should be applied to the facts at hand. [read post]
12 Sep 2018, 12:20 pm by Rebecca Tushnet
’ ”  Thus, the plaintiff’s burden is to show “that its damages calculation is a ‘fair and reasonable approximation’ of its lost profits. [read post]
17 Jun 2023, 4:08 pm by Eleonora Rosati
The notion of ‘substantial taking’ should not be intended in a quantitative sense.Lord Millett set out the test in the context of the landmark decision in Designers Guild, concerning infringement of copyright in a fabric design. [read post]
30 Jul 2021, 8:24 am by Bill Brammell
The Court found that the criminal proceedings against plaintiffs arose out of the obligation to monitor and test for pollutants. [read post]
16 Oct 2009, 11:20 am
Apparently, this plaintiff had the highest score on the oral exam. [read post]
25 Sep 2010, 9:00 am
A map enclosed with the letter showed that the tests were actually conducted on the Hoggs' property. [read post]
6 Jan 2012, 7:38 am by Robert Oszakiewski
On December 21, 2011, the International Center for Technology Assessment (ICTA), along with fellow plaintiffs Friends of the Earth (FOE), the Center for Environmental Health, Food and Water Watch, the Institute for Agriculture and Trade Policy, and the Action Group on Erosion, Technology and Concentration filed a complaint in the US District Court for the District of Norther California against Margaret A. [read post]
24 Sep 2012, 7:35 am
 Although the two other transferor states used different approaches to determine source of law, the court concluded that their respective tests would also apply Massachusetts law. [read post]
26 Feb 2009, 7:45 am
There's no practical means of testing whether the machine has been hacked, and certainly the State of New Jersey does not even attempt to test. [read post]
15 Feb 2017, 5:00 am by Kirk Jenkins
The Appellate Court reversed with respect to Count 1, holding that although the plaintiff’s injury arguably satisfied the requirement of “catastrophic injury,” there was a triable dispute of fact as to the second prong of the test: whether plaintiff had been injured responding to what he reasonably believed to be an emergency. [read post]
13 May 2008, 12:11 am
One of the standards tests for "pinch resistance" as the door moves on its track. [read post]
9 Dec 2018, 11:30 pm by Evan Brown (@internetcases)
The court denied the motion, applying the fair use test set forth in 17 USC 109. [read post]
30 Dec 2009, 3:06 am by R. David Donoghue
  The unjust enrichment claim met the first prong of the preemption test because plaintiff admitted the designs at issue were copyrighted. [read post]