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9 Jan 2019, 2:54 pm
Under US law, to prevail on a copyright infringement claim, a plaintiff must establish that the defendant has actually copied the plaintiff's work; and that the copying is of a substantial similarity exists between the defendant's work and the protectible elements of plaintiff's. [read post]
18 Aug 2017, 5:30 am
That they survive a summary judgment is by no means a reflection of the suit's merit, since the trial is where the facts are most tested. [read post]
7 Jul 2016, 8:02 pm
I raise this because Judge Livingston turns in a lengthy dissent that says Walsh probably does not even have a prima facie case (as she had no bricklaying experience), and that the majority "comes close to eviscerating the plaintiff's burden at step three of the McDonnell Douglas test" (which asks whether the employer's reason for the adverse action was a pretext). [read post]
4 Jan 2019, 9:37 am
Under US law, to prevail on a copyright infringement claim, a plaintiff must establish that the defendant has actually copied the plaintiff's work; and that the copying is of a substantial similarity exists between the defendant's work and the protectible elements of plaintiff's. [read post]
17 Dec 2007, 11:28 am
That case ultimately went to the Supreme Court, and set a new, tougher test for when patent plaintiffs can get an injunction to kick a losing defendant out of a market. [read post]
6 Nov 2021, 2:21 pm
But it does suggest the judges think the plaintiffs have a serious case to make against the mandate.] [read post]
6 Nov 2021, 2:21 pm
But it does suggest the judges think the plaintiffs have a serious case to make against the mandate.] [read post]
25 Aug 2023, 2:03 am
The District Court upheld the DOL’s decision to create a “functional test” to define what it means to be an “employee engaged in a tipped occupation. [read post]
4 Mar 2010, 10:58 am
But plaintiffs didn’t get very far.Why? [read post]
21 Mar 2020, 4:48 am
” (Berkovitz v US, 486 U.S. 531, 546-37) Discretion is assessed by a two-limb test. [read post]
20 Mar 2020, 9:48 pm
” (Berkovitz v US, 486 U.S. 531, 546-37) Discretion is assessed by a two-limb test. [read post]
27 Sep 2012, 2:30 pm
Under the Dendrite test, the plaintiff would have to successfully litigate those issues just to get the information they need to serve the complaint. [read post]
2 Dec 2010, 8:03 am
After the crash the Plaintiff was given a breathalyzer test by the Vancouver Police Department and her test yielded readings well above the legal limit. [read post]
22 May 2024, 1:33 pm
Attorney's fees -- Charging lien -- Unjust enrichment -- Venue -- Transfer -- Principle of priority -- Complaint raising multiple claims, including breach of contract, quantum meruit, and unjust enrichment, stemming from defendants' failure to distribute settlement proceeds in accordance with charging lien plaintiff law firms had filed in a separate case in a separate county -- Appeal of order dismissing action for improper venue is not moot based on fact that… [read post]
17 Jun 2019, 1:04 pm
Background The plaintiffs in Karnoski include nine individuals, three organizations, and, as an intervenor, the state of Washington. [read post]
24 Mar 2014, 10:56 am
Bainbridge argues that courts have historically "pierced the corporate veil" in 13.41% of RVP cases, and that the Court should decide whether Conestoga Wood should be among that number based upon the simple test of whether piercing here would advance a "significant public policy." [read post]
12 Nov 2010, 6:43 am
Based on this standard, the Court found that plaintiffs’ knowledge of apparent damage triggered prescription without regard to when expert testing occurred. [read post]
12 Nov 2010, 6:43 am
Based on this standard, the Court found that plaintiffs’ knowledge of apparent damage triggered prescription without regard to when expert testing occurred. [read post]
12 Nov 2010, 6:43 am
Based on this standard, the Court found that plaintiffs’ knowledge of apparent damage triggered prescription without regard to when expert testing occurred. [read post]
14 May 2019, 7:20 pm
The decedent did not know whether she had the gene mutation and was not advised there was a test available to test for the mutation. [read post]
