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24 Jul 2017, 7:41 am by Joy Waltemath
A plaintiff can bring a claim under the state law with such allegations, the court explained. [read post]
8 Aug 2016, 8:00 am by Robert Kreisman
The court wrote that generally many factors impact whether the “unity of interest” prong of the piercing test is met. [read post]
12 Feb 2011, 11:24 am by The Legal Blog
 The veteran politician had moved the High Court to quash its earlier order for a DNA test on him to determine paternity of Shekhar. [read post]
23 Jul 2009, 9:28 am
(read more) The attorney for the plaintiff wants to have restaurant employees DNA tested to see if they can match the condom to one of the restaurant workers. [read post]
3 Jul 2017, 12:48 pm
By purposefully mimicking the overall feel of the plaintiff’s website, the Court was easily satisfied that the two requirements were met here. [read post]
18 Mar 2019, 11:00 am by Rebecca Tushnet
two cases (out of several involving this plaintiff)Outlaw Laboratory, LP v. [read post]
3 Jul 2017, 12:48 pm
By purposefully mimicking the overall feel of the plaintiff’s website, the Court was easily satisfied that the two requirements were met here. [read post]
5 Mar 2008, 4:13 am
Jackson, 988 F.2d 1314, 1318 (2d Cir. 1993)), but observed also that “the objective test we apply [also] protects debt collectors from unreasonable constructions of their communications,” that the Second Circuit has “carefully preserved the concept of reasonableness,” and that “the FDCPA does not aid plaintiffs whose claims are based on ‘bizarre or idiosyncratic interpretations of collection notices. [read post]
27 Nov 2021, 6:26 am by Joel R. Brandes
In 2014, the plaintiff commenced the instant action for a divorce. [read post]
29 Apr 2011, 7:36 am by ---------------------------------
” As such, Plaintiff could not meet the first element of the “economic reality test. [read post]
7 Apr 2009, 5:04 am
The court went through a detailed analysis of plaintiffs’ arguments in support of commonality, id., at 9-12, but in the end concluded that the commonality test had not been met, id., at 12. [read post]
25 Feb 2019, 12:57 pm by David Russcol
” Under the catalyst test, a settlement that gets the plaintiff a material amount of relief, as opposed to a frivolous or unmeritorious claim that the defendant settles to avoid the nuisance of litigation, will entitle the plaintiff to a reasonable award of attorney’s fees. [read post]
21 Jul 2010, 2:23 pm
The effects test requires that a plaintiff show 1) an intentional tort, 2) suffered by the plaintiff in the forum, and 3) the defendant expressly aimed its conduct at the forum. [read post]
15 Jul 2008, 12:25 am
Under this test, a plaintiff must demonstrate a combination of probable success on the merits and a reasonable likelihood of future harm. [read post]
2 Oct 2015, 11:37 am by tjsllibrary
Rather, the plaintiffs relied on the Department of Labor’s six-factor test to determine whether a worker is an intern or employee. [read post]
4 Nov 2008, 6:38 am
Negligence: BREACH The test for breach is both subjective and objective. [read post]
30 Dec 2019, 10:47 pm by Patricia Salkin
Specifically, the buyer, Sealand, did not yet own the property at issue, but was merely a potential buyer that had an agreement with the Jones plaintiffs providing access to the property to test its suitability for expansion of the landfill on the entire parcel. [read post]
13 Jun 2010, 12:56 am by Manpreet Singh Sood
It has to be tested on the touchstone of pragmatism and the natural and normal course of conduct and practice in trade. [read post]
20 Mar 2007, 4:54 am
March 7, 2007) (Court refused to dismiss DJ action or follow the 'reasonable apprehension of suit' test.) [read post]
5 May 2009, 8:33 am
In Microsoft itself, however, the test only structured the appellate court's analysis of voluminous evidence of competitive effects and efficiency justifications submitted by both sides at the trial. [read post]