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22 Mar 2018, 9:04 pm by Hirsch & Lyon
Evidence Must Be Relevant Rule 402 of the Arizona Rules of Evidence requires that admissible evidence be relevant (irrelevant evidence will not be admissible), while Rule 401 describes the test for relevant evidence. [read post]
22 Mar 2018, 12:54 pm by Foran & Foran, P.A.
 The court went on to find that no duty existed in this particular case under Maryland’s seven-factor test, which balances the foreseeability of harm along with other considerations to determine whether a duty was created. [read post]
21 Mar 2018, 4:11 pm by Kevin LaCroix
Around 270,000 people agreed to have their data collected through the test. [read post]
21 Mar 2018, 1:31 pm by Michael Risch
There's a lot not to like about the Ninth Circuit's intrinsic/extrinsic test (I'm not a big fan, myself). [read post]
21 Mar 2018, 12:00 am by Ken Monington
In the judgment, a Brazilian judge held that Psychemedics Brasil had conspired with the competitor’s subsidiary for the hair-test market. [read post]
20 Mar 2018, 8:45 am by Joy Waltemath
Vacating a federal district court’s denial of a plaintiff’s request for a jury instruction on punitive damages for pregnancy discrimination under the New York City Human Rights Law (NYCHRL), the Second Circuit explained that because the state’s highest court, on certified question, expressly rejected application of the federal standard for punitive damages under the NYCHRL, the lower court erred in applying the federal test. [read post]
20 Mar 2018, 7:55 am by William K. Berenson
One technology being tested — on crowded Las Vegas streets no less! [read post]
19 Mar 2018, 5:17 pm by INFORRM
Whether Google should be responsible as “publisher” of its search engine content is about to be tested in the High Court. [read post]
19 Mar 2018, 3:49 pm by Josh Fensterbush
Thus, such entities are exempted from any duty to test or inspect sealed containers which would not normally be opened until they reach the ultimate consumer.[3] However, to the extent that any party in the supply chain adds to or modifies a product, including packaging and labelling, that party will also owe some common law duty to the purchaser and user in respect of those changes.[4] ACL Statutory Warranties and Guarantees: Strict Liability Actions Australia codified strict products… [read post]
19 Mar 2018, 9:14 am
In that case, the Court unanimously rejected the “general rule” employed by the Federal Circuit, holding that the four-factor test does apply in patent cases. [read post]
16 Mar 2018, 8:28 pm by Anthony Zaller
Under the McDonnell Douglas test, the plaintiff must first establish a prima facie case of disability discrimination. [read post]
16 Mar 2018, 3:00 am by John Jenkins
The plaintiffs’ lawyers have now figured at least one way they can make money off of this type of litigation. [read post]
16 Mar 2018, 1:00 am by Aaron Lancaster
” In what may become a test case for what constitutes a reasonable time frame to provide notification of a data breach, Uber could be subject to fines of up to $1,000 per violation of the Act, or $13.5 million. [read post]
15 Mar 2018, 11:18 am by Eric Caligiuri
The Court noted a two-part test under the safe-harbor analysis: “(1) whether the activity at issue is a potentially infringing one; and (2) whether the exemption applies to that activity. [read post]
15 Mar 2018, 11:02 am by Kelly Phillips Erb
But the guidelines were officially tested in court in 1969. [read post]
15 Mar 2018, 9:43 am by Janie Buckley and J. Alexander Lawrence
Plaintiff Herrick alleged that his ex-boyfriend set up several fake profiles on Grindr that claimed to be him. [read post]