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31 Mar 2020, 3:47 am by Susan Ross (US)
Revolution Laboratories, LLC, 949 F,3d 385 (7th Cir. 2020)) Facts The plaintiff began selling and advertising his products in 2002, and began selling the product at issue (“Diesel Test”) in 2005. [read post]
6 Dec 2009, 3:35 pm by Rebecca Tushnet
Plaintiff alleged that it collected samples of defendant’s product from ten fueling stations in California, and lab tests showed that none were 100 octane; they tested at 97 octane or below. [read post]
16 Oct 2015, 7:00 am by Heidi Alexander
Rebecca represents plaintiffs in employment law matters, including wage and hour claims. [read post]
4 Aug 2010, 4:59 am by Russell Jackson
  Plaintiff did, however, allege the following four "claims":  (1) that defendant unreasonably put Redux on the market prior to January 1997, (2) that defendant unreasonably refused to withdraw Redux from the market once its testing revealed risks of PPH, (3) that defendant breached the standard of care in failing to adequately test Redux, (4) and that it negligently designed the medicine. [read post]
8 Jun 2011, 3:42 am by floridaemploymentlawyerblog
Second – it provides guidance, indirectly, to district judges who award prevailing plaintiffs’ their attorneys’ fees when their claims are only partially successful. [read post]
8 Jun 2011, 4:42 am
Second - it provides guidance, indirectly, to district judges who award prevailing plaintiffs' their attorneys' fees when their claims are only partially successful. [read post]
31 Mar 2011, 3:07 pm
  But, according to DVI, securities plaintiffs need not prove loss causation to win class certification. [read post]
7 Dec 2010, 8:37 am
 In determining whether a transaction is an “investment contract” under California securities laws, courts use either the same test as that applied under federal law or a “risk-capital test,” a test established by the California Supreme Court. [read post]
27 Jan 2017, 11:05 am by Kirk Jenkins
Yarbrough began in 2005 when the plaintiff appeared at a federally funded, not-for-profit clinic seeking pregnancy testing. [read post]
22 Mar 2011, 6:03 am by Daniel Schwartz
Association of American Medical Colleges (download here), the plaintiff sought various accommodations, including extra time, to take the Medical College Admission Test (the “MCAT”), claiming to be disabled because he was severely limited in the major life activity of seeing. [read post]
3 Nov 2020, 11:01 am by Jeff Bastien
  As such, in considering the plaintiff’s entitlement to damages and the first part of the above test, the Court noted it was uncontested that the realization event occurred during the 15-month notice period and that the well-established purpose of damages in lieu of reasonable notice is to put the employee in the position they would have been in had they continued to work through to the end of the notice period. [read post]
5 Dec 2022, 1:03 pm by Edward T. Kang and Kandis Kovalsky
In the case, the Third Circuit expressly rejected the “but for” causation test for FCA claims premised on violations of the AKS. [read post]
1 Jul 2021, 2:35 am by Deb Givens
Alston also clarified the third step of the rule of reason, rejecting the “least restrictive alternatives” test. [read post]
27 Aug 2012, 8:11 am by Gerry Oginski
Or, do you think it would be viewed better by the jury if a medical expert has reviewed cases for both plaintiff and defendant as well as testified on behalf of injured victims and doctors and hospitals? [read post]
3 Jun 2013, 8:31 pm by Seyfarth Shaw LLP
Further, the process requires sixteen steps, involving — among other activities — screening interviews, pre-employment testing, multiple “in-depth” interviews, “route rides,” a “final” interview, a conference among personnel involved in the interview process, criminal background, drug screening and reference checks, and driving-record and credit-record tests. [read post]
27 Nov 2013, 12:14 pm by Dorsey
  One of the employees, whose mother works at a plaintiff side employment firm and whom I knew suffered from chronic low back pain, said that I could not terminate them because their activities were legal. [read post]