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16 Apr 2013, 1:11 pm
The plaintiff, Bernadette Glynn fell and injured herself in April 2009. [read post]
11 Oct 2010, 12:14 pm
However, the court found that plaintiffs could assert a claim under the balancing test. [read post]
29 Dec 2017, 12:21 pm
The plaintiffs responded that the disclaimer was hidden from consumers and unhelpful. [read post]
24 May 2012, 11:21 am
Done, plaintiffs’ expert witness in the Bendectin litigation. [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]
15 Sep 2020, 3:13 pm
"Plaintiff made a $1.5 million CCP 998 settlement offer. [read post]
14 Dec 2015, 7:15 am
Even if Abigail Fisher had substantially higher grades and test scores than she actually did, there would still be no way to know for sure whether she would have been admitted in the absence of racial preferences. [read post]
28 Mar 2023, 5:00 am
Turning to Pennsylvania’s own 6-part test on whether sovereign immunity should be applied, the court in this Galette case ultimately found that that test was not dispositive on the question.As such, the court noted that it was required to address whether allowing N.J. [read post]
26 Aug 2019, 9:13 am
Here, although latency test results showed that the SB6190 Modem was milliseconds slower than promised in laboratory test conditions, that didn’t show that the model lacked a basic degree of fitness for ordinary use. [read post]
12 May 2014, 6:35 am
This claim also fails under the Iqbal plausibility test. [read post]
4 Aug 2016, 8:55 am
‘i.e., when the defendant has explicitly compared its product to the plaintiff’s or the plaintiff is an obvious competitor with respect to the misrepresented product. [read post]
19 Jul 2013, 5:06 am
1-800 argued that those old cases favored it, because they showed that what must have been in fact even lower percentages of confusion could favor plaintiffs, but the court wasn’t going to accept that. [read post]
2 Mar 2020, 6:44 am
Plaintiff's in the case argued that the statute was an improper delegation of authority from Congress, which has the constitutional power to regulate international trade, to the President.Citing an even earlier decision, the Supreme Court held that a delegation to the President is permissible where Congress "lays down by legislative act an intelligible principle to which the [President] is directed to conform,” and concluded that Section 232(b) "easily fulfills that… [read post]
8 Dec 2014, 1:50 pm
But, the Court saw this as the test for irreparable harm rather than manifestly inadequate. [read post]
17 Nov 2021, 1:58 pm
(This was just one of the test’s 50 questions.) [read post]
20 Aug 2014, 5:37 pm
” “… Simply padlocking the courthouse to whole categories of plaintiffs doesn't meet the fairness test. ... [read post]
15 Apr 2024, 10:00 pm
Federal: The Second Circuit holds that to survive summary judgment on a Title VII disparate treatment claim, a plaintiff may satisfy the third stage of the McDonnell Douglas burden-shifting test by providing evidence that even if the employer had mixed motives, the plaintiff’s membership in a protected class was at least one motivating factor in the employer’s adverse action. [read post]
3 Jul 2020, 9:35 am
In addition to undergoing a contactless temperature check, anyone seeking to enter the facility will be asked whether they have: (i) experienced any flu-like symptoms, (ii) tested positive for COVID-19 (or been exposed to anyone who has tested positive), or (iii) returned from travel abroad or from certain states currently facing high rates of infection.[9] Any person registering a temperature 100 degrees or higher, or who answers affirmatively in response to the foregoing… [read post]
16 May 2015, 5:55 pm
This includes 'a plaintiff or a plaintiff and another person or persons alleged to be liable'. [read post]
11 Feb 2019, 2:05 pm
In a footnote, the court warned: “The Court seriously questions Plaintiff’s decision to bring this suit if the only support she has for this claim is what she has seen on the internet, or her own rudimentary testing. [read post]
