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10 Jun 2009, 5:59 am
App. 1995, which also set forth a second test for determining whether a product is in a defective condition, unreasonably dangerous (i.e., the risk-utility test). [read post]
4 Apr 2017, 6:46 pm
Since the plaintiff hadn’t shown that the supply company exercised control, the first prong of the test for Chapter 95 wasn’t passed, and it was proper for summary judgment to be granted on that ground. [read post]
A federal court just made it hecka-hard to prove age discrimination at work. But, did it go too far?
16 Feb 2021, 3:30 am
Still, the “but-for” test is no walk in the park for a plaintiff. [read post]
7 Jan 2011, 12:09 pm
Plaintiff couldn't convert Class II devices to Class III - and argue that more testing would have been required by the FDA - because plaintiff was "simply wrong. [read post]
20 Nov 2020, 9:10 am
Keches Law Group is the only plaintiffs injury firm to make the Top Places to Work. [read post]
22 Jan 2008, 9:24 pm
The first test for specific jurisdiction is therefore not met. [read post]
17 Apr 2014, 4:38 am
While Sharpe alleges "upon information and belief" that his father's campaign against Parker was well known in the office, the lack of factual detail on this is too conclusory to avoid dismissal under Rule 12.Under the Supreme Court's new Iqbal standards governing Rule 12 dismissals, the plaintiff has to allege a "plausible" claim, not a possible claim. [read post]
8 Feb 2011, 8:06 pm
” This final stage transaction – the reverse split to freeze out the minority shareholders – was subject to the entire fairness test. [read post]
15 Jul 2021, 9:01 pm
The Doe plaintiffs sued numerous corporations, including U.S. [read post]
29 Oct 2007, 1:22 am
[www.nylj.com]
Montes, plaintiff-appellant v. [read post]
15 Nov 2007, 1:39 am
[www.nylj.com]
Uhlfelder, plaintiffs-appellants v. [read post]
23 Apr 2024, 2:48 am
Here again, reasonableness is the test. [read post]
30 Dec 2016, 3:18 am
The symptoms of ovarian cancer are often subtle and there are no tests to detect cancer at an early stage. [read post]
4 Jun 2020, 7:13 am
The test is whether there was employer compulsion, explicit or, more importantly, implicit and whether the activity primarily benefits the employer, rather than the employee. [read post]
6 Sep 2013, 8:01 am
More Blog Posts: Defective Blood Glucose Monitor Test Strips Pose Major Potential Risk to Diabetics, Pharmacy Error Injury Lawyer Blog, published August 29, 2013 Mother Sues Pharmacy over 6 Year Old Daughter's Death in 10x Correct Dosage Case, Pharmacy Error Injury Lawyer Blog, published August 22, 2013 [read post]
1 May 2012, 4:51 am
April 30, 2012)*: Applying the test articulated in Richardson [Richardson v. [read post]
15 Oct 2012, 7:52 am
The plaintiff's argument strikes at the heart of the federal government's classification of marijuana as an illegitimate and illegal substance, regardless of circumstance. [read post]
21 Dec 2020, 10:07 am
In FLSA cases, plaintiff lawyers are always looking for a deep pocket and one of the avenues they use towards this “goal” is the joint employer doctrine. [read post]
23 Apr 2024, 2:48 am
Here again, reasonableness is the test. [read post]
16 Oct 2014, 11:54 am
This case was before the court on the defendant’s motion to dismiss plaintiff’s complaint for failure to state a claim. [read post]