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19 Jan 2021, 1:17 pm
” Commercial advertisement: The judge clearly explained how the Gordon & Breach test, which was adopted by the Ninth Circuit, has been modified by Lexmark, making the “by a competitor” element of the test no longer good law. [read post]
Court dismisses some of trucking association’s challenges to California AB 5, but injunction remains
14 Feb 2020, 8:07 am
The court granted the defendants’ motion to dismiss the plaintiffs’ claim that AB 5’s ABC test violates the dormant Commerce Clause. [read post]
29 Jul 2014, 5:02 pm
The Facts In June 2007, plaintiff-relator Henry Barko, a former contract administrator for Kellogg, Brown and Root (“KBR”) in Iraq, filed a qui tam False Claims Act (“FCA”) lawsuit against Halliburton and its former subsidiary, KBR. [read post]
16 Dec 2009, 11:11 am
Plaintiff requests of this Court an order declaring that Defendant’s continued withholding of the evidence violates Plaintiffs constitutional rights and requiring that Defendant release the evidence to Plaintiff under a reasonable protocol regarding chain of custody and preservation of the evidence, in order that Plaintiff can have the evidence tested at his own expense. [read post]
9 May 2007, 11:58 am
Relying on the Zippo sliding scale test [Zippo Mfg. [read post]
21 Oct 2011, 7:42 am
The first part of the test, though, can be incredibly difficult to establish. [read post]
21 Jul 2009, 1:25 pm
Plaintiff's understanding of Espinosa is entirely misguided. [read post]
27 Oct 2009, 10:39 pm
The court also noted the other two elements of the standing test were met (slip op. at 21 - 24). [read post]
17 Mar 2010, 3:39 am
It applied a four-part test from Bredice v. [read post]
30 Jun 2015, 2:57 am
And that means that plaintiffs failed to allege literal falsity. [read post]
22 Jul 2008, 11:44 pm
Due to some problems with her pregnancy, she requested time off to take some medical tests, which the company approved. [read post]
16 Nov 2011, 12:55 pm
Attorneys Fred Pritzker and Ryan Osterholm represent the plaintiff in this case. [read post]
19 May 2010, 3:47 pm
Crane was negligent in the manner in which he monitored the plaintiff, including not performing further urinalysis tests after her initial visit with him when that test was normal - and his negligence was a substantial factor in causing her injuries. [read post]
16 Nov 2011, 12:55 pm
Attorneys Fred Pritzker and Ryan Osterholm represent the plaintiff in this case. [read post]
31 May 2012, 9:00 am
The plaintiff’s (Marzetti) crouton package is on the left. [read post]
6 Nov 2009, 8:13 am
Plaintiff sued here, alleging, among other causes, 43(a) false advertising. [read post]
20 May 2011, 9:11 am
Thus, the plaintiff risked the possibility that the court would find against him. [read post]
20 Dec 2010, 9:15 am
While Plaintiffs' appeal was pending in our court, the Supreme Court decided Martinez v. [read post]
16 Sep 2010, 1:26 pm
This is generally now referred to as the "recoupment test. [read post]
24 Jun 2011, 11:39 am
The Morrison opinion expressly rejected the conduct and effects test as well as the possibility of f-cubed plaintiff actions. [read post]
