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30 Jan 2018, 4:00 am
Because I served as appellate counsel for the plaintiff and appellant in this case (along with co-counsel Al Rava), I happen to know that the parties did not contest that the "balancing test" applies. [read post]
29 Jan 2018, 4:20 pm
So did the plaintiff, who sued.But the trial court disagreed. [read post]
29 Jan 2018, 3:03 pm
Illinois courts allow for the plaintiff to use either the consumer-expectation test or the risk utility test. [read post]
29 Jan 2018, 3:03 pm
Illinois courts allow for the plaintiff to use either the consumer-expectation test or the risk utility test. [read post]
26 Jan 2018, 8:58 am
A class action involving more than 1,100 workers is now testing these hypotheses. [read post]
26 Jan 2018, 8:56 am
In order to obtain a commercial driver’s license, an aspiring truck driver must pass several written tests, as well as a pre-trip inspection test and a road test. [read post]
26 Jan 2018, 8:00 am
The Illinois Supreme Court has repeatedly held that the appropriate test for foreseeability is whether a reasonable person would anticipate the harm that occurs to the plaintiff. [read post]
26 Jan 2018, 6:00 am
Kaspersky next invokes the “reputation-plus test” articulated in New Vision Photography Program, Inc. v. [read post]
26 Jan 2018, 3:57 am
However, While discovery should be liberal, information sought must be material and necessary, and meet the test of usefulness and reason (Manley v. [read post]
25 Jan 2018, 4:04 pm
The judgment clarified the application of s.1(1) Defamation Act 2013, the serious harm test, to defamation cases. [read post]
25 Jan 2018, 1:36 pm
That lets the Fourth Circuit’s decision stand, leading to a much lower bar for plaintiffs in the Fourth Circuit. [read post]
25 Jan 2018, 1:36 pm
That lets the Fourth Circuit’s decision stand, leading to a much lower bar for plaintiffs in the Fourth Circuit. [read post]
25 Jan 2018, 4:31 am
[W]e now hold that where, as here, a plaintiff recovers compensatory damages for a medical professional’s malpractice, a plaintiff may also recover punitive damages for that medical professional’s act of altering or destroying medical records in an effort to evade potential medical malpractice liability. [read post]
24 Jan 2018, 7:00 am
The plaintiffs hired Dennis P. [read post]
24 Jan 2018, 3:27 am
., 2017 ONSC 5566, the plaintiff disclosed her most personal medical records as part of a routine documentary discovery process. [read post]
23 Jan 2018, 9:49 am
In that event, the applicable test favors enforcement of the subpoena. [read post]
23 Jan 2018, 4:00 am
The court concluded that two of the three plaintiffs had standing, and that they had stated a plausible claim that the judge's prayer practice violates the Lemon test. [read post]
22 Jan 2018, 4:40 pm
As we wrote then, the court applied a test that failed to give full weight to the First Amendment. [read post]
22 Jan 2018, 5:00 am
There are not roadside tests for drugged drivers yet, including THC tests. [read post]
22 Jan 2018, 5:00 am
There are not roadside tests for drugged drivers yet, including THC tests. [read post]
