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1 May 2012, 9:32 pm by Charles Bieneman
., is there a case or controversy) where the plaintiff alleges that a party’s possible future use of software would infringe patent claims? [read post]
28 Jan 2022, 2:18 pm by Jennifer Puza
Under section 1102.6, the test operates as follows: Section 1102.6 TestStep One: the Plaintiff must establish, by a preponderance of evidence, that retaliation for their protected activities was a contributing factor in the contested employment action. [read post]
14 Sep 2021, 12:26 pm by Richard Reibstein Esq.
  Thus, many of these cases seem to present the same threshold issue: are the plaintiff and members of the proposed class covered by the arbitration exemption for interstate transportation workers? [read post]
26 Feb 2010, 6:26 pm by Erin Miller
  In summary, both the mostly white plaintiff firefighters and the City of New Haven never fully challenged the validity of the test. [read post]
18 Aug 2010, 5:47 am by Howard Friedman
Finally the court rejected plaintiff's facial challenge to those line items, finding that they meet the Lemon test for secular purpose and effect and no excessive entanglement. [read post]
29 Aug 2012, 9:07 am
He noted that she could choose to have supplemental genetic testing to assess her risk for ovarian cancer, but she did not do so at the time. [read post]
4 Jun 2010, 7:35 am
According to the plaintiffs' lawyers, the jury, which took ten hours in deliberations after a two-week trial, was swayed by Yamaha's failure to test the Rhino for possible issues with occupant containment. [read post]
30 Aug 2024, 10:31 am by Kathryn Briuglio
In order to be a seaman: The plaintiff must contribute to the function or mission of the vessel; and The plaintiff must have a connection to the vessel that is substantial in duration and nature.[2] The Fifth Circuit enumerated additional factors relevant to the second prong of the seaman-status test: Whether the plaintiff is subject to “the perils of the sea,” Whether the plaintiff owes “his allegiance to the vessel, rather than simply… [read post]
12 Apr 2018, 7:01 am by Bruce E. Boyden
There the sole test was whether the audience would conclude that the “defendant took from plaintiff’s works so much of what is pleasing” about those works “that defendant wrongfully appropriated something which belongs to the plaintiff. [read post]
8 Aug 2018, 4:00 am by Administrator
[Plaintiff] was bit on his left thumb, as well as his right thigh and calf area, and left buttocks. [3] [Plaintiff] sued the Defendants… […] [56] Given my findings, [Plaintiff] shall have judgment against both Defendants, jointly and severally, in the sum of $15,127.89, plus costs. [read post]
7 Jun 2010, 4:23 am by Steve McConnell
Medtronic, one of the defendant device-makers, provided a blood test to plaintiff. [read post]
12 Dec 2019, 12:00 am by Thomas G. Heintzman
Although the judge in this case did not address the “blue pencil test”, it is unlikely that the application of that test would have saved this contract. [read post]
25 May 2012, 1:32 pm by Lorene Park
The panel acknowledged that a supermajority of circuits have adopted the motivating factor test, but remained bound by precedent to the sole cause test absent an intervening Supreme Court opinion, or an en banc appellate court reversed. [read post]
16 Dec 2008, 10:38 am
  All plaintiff asks (or should have asked) is the ability to test the veracity of the comments of the witnesses against their deposition testimony. [read post]