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10 Jan 2010, 6:31 am
It had been sued by a Plaintiff who was an individual resident of South Carolina. [read post]
19 Aug 2010, 1:35 am
The CAFC ruled that the Board had improperly applied the materiality test because it failed to consider whether a substantial portion of all relevant consumers (not just Russian speakers) is likely to be deceived by the mark. [read post]
29 Apr 2015, 2:11 pm
Zofran had been adequately tested and studied in pregnant women;c. [read post]
10 Jun 2016, 6:02 am
Most critical was the first factor of the economic realities test: the degree of control the putative employer has over the manner in which the work is performed. [read post]
6 Mar 2011, 3:04 pm
The balancing test involves the Court comparing the probability of harm to the plaintiff if the injunction is not granted, versus the probable harm to the defendant if the injunction is granted. [read post]
7 Dec 2011, 2:29 pm
The court further held that statutory standing was inappropriate because the relevant statute, MCL 600.2041(3), only applies to an action to prevent the illegal expenditure of state funds or to test the constitutionality of a related statute. [read post]
18 Apr 2017, 4:00 am
He eventually stopped treatment with one of the doctors because his employer would not approve his MRI tests. [read post]
10 Sep 2021, 7:33 am
Plaintiff Verde designated its current CEO, Sundby, as a non-retained expert witness. [read post]
5 Sep 2013, 12:54 pm
The ONY plaintiffs sued over a published article in a peer-reviewed scientific journal; they believed the defendants had drawn the wrong conclusions from their data. [read post]
18 Jul 2014, 4:15 pm
Instead, the court concluded that “the PSLRA does not obligate a plaintiff to deny affirmatively that other facts affected the stock price in order to defeat a motion to dismiss. [read post]
6 Jul 2010, 6:05 am
The objective extrinsic test is used to evaluate the similarity between ideas. [read post]
14 Oct 2022, 8:55 am
What explains this widespread use of ‘reasonable person’ tests? [read post]
3 Apr 2012, 9:26 am
The plaintiff's then brought the case to the U.S. [read post]
14 Jul 2020, 2:32 pm
May 27, 2020) (per curiam), the plaintiffs alleged that the company told investors that its surgical gowns were highly-rated for their protectiveness, but in fact the gowns had failed numerous quality control tests. [read post]
3 Aug 2011, 2:10 pm
The Plaintiffs were allegedly discriminated against as applicants. [read post]
6 May 2009, 7:19 am
There are various formulations of the test, but in general it requires the plaintiff to show that defendant priced the competitive product below cost after the discounts on the non-competitive product are reallocated to the competitive market. [read post]
3 Aug 2011, 1:10 pm
The Plaintiffs were allegedly discriminated against as applicants. [read post]
30 Jun 2014, 7:29 am
It may well come and go with no payments either to the NML plaintiffs or to the restructured bondholders. [read post]
28 Jul 2016, 1:24 pm
Jurors in the case found that the device was defective at the time of sale, and that it injured the plaintiff. [read post]
7 Aug 2008, 10:38 pm
getting it wrong cost plaintiffs . . . [read post]
