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15 Nov 2021, 6:23 am
The Court initially issued a brief stay on November 6, 2021 while OSHA and the plaintiffs who challenged its Mandate briefed the issues to the Court. [read post]
11 Oct 2011, 4:08 am
The point here for our readers is that if a commonly used, widely accepted test can be shown after actual use to risk more harm than good, then how questionable are the new technologies, made-for-litigation screening programs that plaintiffs' hired experts concoct for a class action? [read post]
8 Mar 2006, 10:03 am
And in the 9th Circuit, the more access, the less a plaintiff needs to show on substantial similarity. [read post]
8 Dec 2008, 12:44 pm
The plaintiffs' lawyers learned that the driver was a new driver who had limited experience and had failed her commercial driver's license test several times. [read post]
26 Jun 2015, 4:10 am
Both of the plaintiffs were cleared by the testing, and one of them still works for Atlas. [read post]
27 Jul 2022, 3:35 pm
” The plaintiff took the test four times and never passed it, at least according to the university. [read post]
31 Mar 2023, 8:10 am
” Conclusion While a neuroscientifically informed consumer confusion test for trademark infringement has great promise for reducing the biases and manipulations present in our current system, it is still a nascent proposal. [read post]
23 May 2014, 10:00 am
A test refusal or a particular test result both result in an automatic suspension of the driver’s license. [read post]
6 Sep 2016, 9:50 am
He served as counsel for the plaintiffs in District of Columbia v. [read post]
14 Mar 2010, 12:30 pm
The court approved of jury instructions that required the jury to find plaintiff had a sincere religious belief and finding that defendants' wrongful conduct was the proximate cause of plaintiff's injury.In Rogers v. [read post]
25 May 2010, 4:37 am
Plaintiff Concord Real Estate CDO 2006-1, Ltd. [read post]
8 Apr 2013, 1:51 pm
See, plaintiffs can use other FDA experts. [read post]
20 Jan 2021, 10:28 pm
The plaintiffs appealed. [read post]
12 Feb 2018, 5:00 am
” [Wow, all else aside, that doesn’t even pass the laugh test, inasmuch as I snorted when I read that. [read post]
2 Nov 2018, 8:05 am
Heads, the defendant wins; tails, the plaintiff loses. [read post]
27 Dec 2017, 7:00 am
The allegations may be enough to get a plaintiff a few first downs. [read post]
6 Jun 2019, 9:02 am
[Note that the Ninth Circuit just uses Rogers even when the plaintiff’s mark is for expressive works too; I think this is probably the better approach, at the very least for the content of works as this use is—the picture appeared in the middle of the story.]Notably, nominative fair use was no help to defendants because of the Second Circuit’s bizarre loading of the NFU factors into the usual multifactor test in IISSCC. [read post]
12 May 2017, 12:08 pm
As to materiality, plaintiff alleged sufficient facts to support an inference that the truthfulness of War Dogs was an “inherent quality or characteristic,” alleging that consumers are drawn to true stories and that a test screening for War Dogs revealed that one of the main things people liked was that it was based on a real story. [read post]
17 Dec 2020, 1:20 pm
The plaintiff didn’t allege, for example, that consumers who chose defendants got less for their gold than they would have gotten selling to plaintiff. [read post]
25 Jul 2017, 12:58 pm
The controller test is a fact-based inquiry difficult to satisfy, but this case meets the threshold.Here, the facts if proven would amount to actual control over the sale. [read post]
