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25 Apr 2018, 6:50 am
The Sosa-test allows for the recognition of a cause of action for claims based on international law (p. 10), but requires the international legal provision to be “specific, universal and obligatory” (p. 11 f.). [read post]
24 Apr 2018, 4:14 pm
Judge Baylson applied the Third Circuit’s three-decade old six-factor test in analyzing whether Plaintiffs were independent contractors or Uber employees. [read post]
24 Apr 2018, 10:43 am
Not every non-compete agreement brought to court has succeeded in meeting the necessary requirements, and whether Randstad’s agreements will stand up to the court’s tests has yet to be determined. [read post]
24 Apr 2018, 7:56 am
The DNC could thus find itself caught in a Catch 22, just like the plaintiffs in the Iqbal and Twombly cases. [read post]
24 Apr 2018, 7:00 am
A group of foreign plaintiffs wants a federal court to invent a new cause of action so they can sue another foreigner for allegedly breaching international norms. [read post]
24 Apr 2018, 5:00 am
The court first clarified that Rales, not Aronson, was the correct test for demand futility, because the plaintiff is challenging board inaction, not a board decision. [read post]
23 Apr 2018, 9:01 pm
Depending on the case, it may be a better or worse choice for a plaintiff. [read post]
23 Apr 2018, 7:15 am
The court granted defendants' motion for summary judgment of noninfringement of plaintiffs' vacuum cleaner design patents and rejected plaintiffs' argument that the ordinary observer test may be satisfied with a "quick glance" to determine "the same basic shape. [read post]
23 Apr 2018, 5:52 am
He finds that all plaintiffs won in 80.16% of all patent infringement cases and got permanent injunctions automatically in 90.25% of cases. [read post]
23 Apr 2018, 3:41 am
The plaintiff’s initial complaint pleaded demand futility but subsequently made a demand which was refused, after which the plaintiff filed an amended complaint so alleging. [read post]
22 Apr 2018, 8:03 am
This usually comes in the form of testimony of the injured person (the plaintiff) regarding what caused them to fall; the plaintiff has to state that they know what caused their fall if their case is to be successful. [read post]
22 Apr 2018, 6:00 am
Circuit recently applied the “entire tort” test in Doe v. [read post]
22 Apr 2018, 3:15 am
| CBC News https://t.co/bGwxcPUYg1 2018-04-20 Government Response on CASL to INDU Committee recommendations https://t.co/3YYajBshW4 2018-04-20 NAFTA talks continue through weekend as negotiators scramble for a deal | CBC News https://t.co/HvHrxpft65 2018-04-20 Copyhype Friday’s Endnotes – 04/20/18 https://t.co/Wgw2ijlZzK 2018-04-20 Copyright infringements damages awarded Paragon Testing Enterprises Inc. v Lee, 2018 BCSC 634 https://t.co/mQnWllqzWy 2018-04-20 Computer and… [read post]
21 Apr 2018, 1:40 pm
App. 1992) (nonprecedential) (citing the Gertz test as authoritative in a case involving a private figure plaintiff, a nonmedia defendant, and speech on a matter of public concern); Strauss v. [read post]
21 Apr 2018, 6:23 am
The plaintiff had also obtained a report from an environmental testing company that found lead in the defendant’s property, but the report wasn’t completed and produced until 14 days after the discovery period closed. [read post]
20 Apr 2018, 6:14 am
The test is whether the plaintiff acted with "reasonable diligence" to enforce her rights but was prevented from doing so by no fault of her own. [read post]
19 Apr 2018, 3:17 pm
Next, the court noted that California has "adopted a 'substantial connection' test" which allows a court to determine that it can find minimum contacts if there is a substantial connection between the defendant's activities in the forum and the plaintiff's claim (Wolf's visits and his training in the illusions necessary to operate the magic show). [read post]
18 Apr 2018, 11:46 am
“Given its application to seaman, we see no principled basis for imposing the more restrictive physical impact test upon passengers alleging NIED under the general maritime law. [read post]
18 Apr 2018, 8:10 am
I also discussed the lead case on the issue, and interviewed its plaintiff, in Episode Three of the "Make No Law" podcast. [read post]
18 Apr 2018, 7:31 am
New USPTO Director Andrei Iancu testified in Congress on April 18 for the first time in his new official capacity — this time before the Senate Judiciary Committee. [read post]
