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1 Mar 2016, 7:12 am
The court also held that this test requires highly individualized inquiries—a conclusion that may deal a blow to plaintiffs’ abilities to obtain class or collective certification in these cases. [read post]
15 Apr 2015, 10:22 am
In addition, automakers are forming a testing consortium. [read post]
17 Mar 2020, 12:18 pm
The foreseeability test does not mean that the exact nature and extent of the actual harm which occurs is foreseeable, nor does it require reasonable foreseeability of the exact manner in which the harm actually manifests. [read post]
27 May 2012, 7:23 am
The Plaintiff, Vance’s Foods, Inc. [read post]
11 Sep 2018, 11:35 am
They participated in the assaults on plaintiffs.... [read post]
12 May 2013, 5:54 pm
However, the analysis in Cahill discarded the remaining components of the test as unnecessary. [read post]
5 Oct 2012, 5:12 am
The elements are: (1) The individual shareholder’s control over the corporation is so complete that corporation has no separate mind, will, or existence of its own; (2) The individual shareholder’s control over the corporation is exercised in such a manner as to commit fraud or an illegal act against the person seeking to disregard the corporate entity; and (3) An injury or unjust loss resulted to the plaintiff from such control and wrong.[7] All three prongs of the… [read post]
27 Sep 2022, 3:30 am
In order to prove a product design defective, plaintiffs must show that the design fails a foresight-based “risk-utility” test. [read post]
20 Sep 2007, 7:16 am
“The plaintiff may take the test and pass, notwithstanding what she considers to be unfavorable conditions,” Brady wrote. [read post]
10 Jan 2012, 5:18 pm
"The Plaintiffs were claims adjusters who worked for Liberty Mutual Insurance Company and Golden Eagle Insurance Corporation. [read post]
10 Feb 2016, 7:17 am
Plaintiff allegedly told the doctor that the tests were negative, and the doctor stated the only mistake he made was to trust what the patient had said. [read post]
7 Mar 2024, 6:59 am
The only approach that makes little sense is to do nothing and instead risk a legal proceeding brought by a government agency or plaintiffs’ class action lawyer, as in the first two cases reported below. [read post]
11 Apr 2022, 9:05 pm
., an interlocutory appeal in a shareholder class action challenging a going private merger, is currently pending before the Iowa Supreme Court.[1] The appeal will test the strength of a director-liability shield law patterned on the Model Business Corporation Act template. [read post]
24 Jul 2019, 2:33 pm
Even if you are not expressing any symptoms, you should make an appointment with a physician and have diagnostic tests performed. [read post]
13 Apr 2010, 10:38 am
The decision then enters the marketplace as precedent, and other judges test it and write thorough negative reviews. [read post]
9 Nov 2023, 10:08 pm
In the present case, the court struck a balance between these tests. [read post]
26 Oct 2009, 11:34 am
American Airlines, Inc., 141 Ill. 2d 281 (1990), which laid out a test for proving a promissory estoppel claim. [read post]
18 Jan 2007, 7:53 pm
The court remanded the matter to the trial court for further proceedings concerning plaintiffs' claim for the establishment of a court-administered medical screening program, funded by Merck to provide for and/or reimburse the proposed class for certain medical and diagnostic tests. [read post]
28 Oct 2017, 10:03 am
Harwick Chemical Co., 73 Ohio St.3d 679 (1995) (Requiring plaintiff to prove exposure to the defendant’s product for each defendant in a multi-defendant asbestos case, and that the product was a substantial factor in causing the plaintiff’s injury, but rejecting Lorhmann test of causation. [read post]
14 Jul 2019, 10:47 pm
The court answered that the test should be qualitative and not quantitative. [read post]
