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19 May 2017, 5:39 am
In an Illinois defective design case, a plaintiff must prove that the product had an unreasonably dangerous condition, the condition existed when the product left the defendant’s control, and the condition caused the plaintiff’s injuries. [read post]
30 Sep 2016, 9:31 am
In other words, courts will examine the entire article, determine its general subject matter, and then determine whether the plaintiff has a position of prominence in that particular subject matter (as well as apply the other elements of the test). [read post]
30 Sep 2016, 9:31 am
In other words, courts will examine the entire article, determine its general subject matter, and then determine whether the plaintiff has a position of prominence in that particular subject matter (as well as apply the other elements of the test). [read post]
18 Nov 2009, 3:14 pm
Grimaldi] test has two prongs. [read post]
30 Mar 2012, 11:41 am
So the whole "testing" issue seems to us to be a red herring, offered in an attempt to get around the plaintiff's need to establish the state of the art in warning cases. [read post]
27 May 2015, 4:50 am
Under the second prong of the test, the Court expressed concern that plaintiffs’ claims would require individualized proof at trial rather than proof common to the class because the class members may have differing amounts of damages. [read post]
10 Dec 2021, 12:37 pm
After thorough investigation and laboratory testing, the Utah Department of Health and Centers for Disease Control and Prevention (CDC) linked this outbreak to clover sprouts used by D&L to manufacture its sandwiches. [read post]
13 Jun 2020, 11:51 am
" … And the court (among other things) pointed to this alternative: [T]he Plaintiffs propose [an] alternative—a voluntary tour [read post]
27 Jan 2023, 4:06 am
The requirement that a plaintiff in a TTAB proceeding plead and prove its entitlement to a statutory cause of action (formerly called "standing") is a low threshhold, but a critical one. [read post]
31 Jul 2013, 12:00 am
Unlike the vague transformation test, the Rogers test is highly protective of free expression. [read post]
5 Oct 2011, 2:00 am
” The majority next rejected the “conduct” and “effects” tests, stating that these tests were vague and noting that they would potentially encompass too many actions, because “it is a rare case of prohibited extraterritorial application that lacks all contact with the territory of the United States. [read post]
13 Mar 2012, 2:45 pm
Jose) the Plaintiff was injured in a collision. [read post]
4 Oct 2021, 10:00 am
The Court found that “evidence that Plaintiff went skiing, hiking, and went to the gym twice per week is irrelevant to Plaintiff’s claim that he was unable to perform his job duties due to cognitive impairment. [read post]
26 Aug 2011, 5:01 am
When defense lawyers attack these cases (and often the plaintiff, since with these “invisible injury cases” defense lawyers always try to attack the plaintiff. [read post]
26 Aug 2011, 6:14 pm
Under F.D.A. rules, many all-metal devices were sold without testing in patients or without a requirement that producers track their performance. [read post]
2 Jul 2012, 12:43 pm
In an unpublished decision, the Superior Court of New Jersey, Appellate Division denied the plaintiff's motion for judgment not withstanding the verdict in a case where the defendant opened emails in an inbox that was left logged in on a computer next to him. [read post]
13 Jan 2016, 8:43 pm
" "The true test of the sufficiency of such notice is: Has the landlord or the tenant notified the other at least one month before the expiration of the term of his election to terminate. [read post]
17 Dec 2019, 12:32 pm
The plaintiff continues to recover. [read post]
6 Apr 2012, 5:00 am
After hearing all of the evidence in the case the jury deliberated for three days before reaching a verdict in the plaintiff’s favor. [read post]
15 Jun 2010, 1:02 pm
Rather, the plaintiff may show use by proving elements not protected by copyright law. [read post]