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2 Mar 2018, 2:49 pm
" This, though, seems to have been a misstatement of the written police department policies, which apparently do allow appeals based on supposed errors in tests. [read post]
2 Mar 2018, 12:25 pm
The court even noted that the defendants have “a number as of yet unresolved strong defenses to liability” apart from the server test issue and even opined that “there are genuine questions about whether plaintiff effectively released his image into the public domain when he posted it to his Snapchat account. [read post]
2 Mar 2018, 11:26 am
I’m sure we’ve all seen or heard ads with a stern-voiced lawyerly looking actor telling us about the dangers of a particular drug. [read post]
2 Mar 2018, 6:53 am
Plaintiff sued defendants after being injured by a weedwacker. [read post]
1 Mar 2018, 9:30 pm
The California Department of Motor Vehicles (DMV) announced that the California Office of Administrative Law has approved regulations on driverless car testing and use. [read post]
1 Mar 2018, 6:57 pm
May 21, 2013)) (“The tests articulated in Aronson and Rales are complementary versions of the same inquiry. [read post]
1 Mar 2018, 1:37 pm
Mustapha finds, in part, that there is a threshold test for establishing compensability at law, which precedes a so-called thin-skull analysis. [read post]
1 Mar 2018, 10:53 am
The defendant admitted that, had she read the form, she would not have performed the procedure or would have conducted a test on a small area of skin first. [read post]
28 Feb 2018, 8:35 pm
The plaintiffs are absolutely right on this point. [read post]
28 Feb 2018, 2:46 pm
Instead, they hunkered down and prepared to bitterly contest every claimant’s tale; to date, over 8,000 defendants have seen related claims from over 700,000 plaintiffs. [read post]
28 Feb 2018, 1:26 pm
The reality is it was specifically drafted with the goal of swaying opinions to limit injury plaintiff access to courts and compensation for damages. [read post]
28 Feb 2018, 10:15 am
” Even the case (mentioned above) involving specified human-rights judgments against Iran involved “over a thousand plaintiffs who, in 16 different actions, had obtained judgments against Iran in excess of $1.75 billion—facts suggesting more generality than is true of many Acts of Congress. [read post]
28 Feb 2018, 6:57 am
The purpose of a motion to dismiss is to test the sufficiency of the complaint, not to decide the merits. [read post]
28 Feb 2018, 6:27 am
The court’s conclusion was reinforced by the Supreme Court’s “comparative” test for deciding if a trait that is the basis for discrimination is a “function of sex” by asking if the treatment would have been different “but for that person’s sex. [read post]
28 Feb 2018, 4:30 am
In the case’s third trip to the Fourth Circuit in 2014, the court held that plaintiffs’ ATS claims satisfy the “touch and concern” test, and that the case could move forward even though all of the injuries were sustained in a foreign country. [read post]
27 Feb 2018, 11:40 am
But reading the PTAB's fuzzy decision, one might be forgiven for concluding that these cases also establish the test for whether Congress has abrogated tribal sovereign immunity. [read post]
27 Feb 2018, 11:40 am
But reading the PTAB's fuzzy decision, one might be forgiven for concluding that these cases also establish the test for whether Congress has abrogated tribal sovereign immunity. [read post]
27 Feb 2018, 7:30 am
But it couldn’t meet the “demanding” standard; Wal-Mart cautioned against vague tests for inherent distinctiveness. [read post]
27 Feb 2018, 6:05 am
The court continues by reviewing each aspect of the fair dealing test, concluding: I do not accept the plaintiffs’ characterization that Room Full of Spoons duplicates The Room. [read post]
27 Feb 2018, 3:49 am
Judge Forrest in her summary judgment has rejected the Server Test by saying that “when defendants caused the embedded Tweets to appear on their websites, their actions violated plaintiff’s exclusive display right; the fact that the image was hosted on a server owned and operated by an unrelated third party (Twitter) does not shield them from this result”. [read post]
