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9 Aug 2011, 9:57 pm
Imagine a car manufacturer having to tell you in every ad about every other car that got better gas mileage or did better in a crash test. [read post]
20 Nov 2018, 2:06 pm
The court adopted a “reasonable reliance” test for alleged TCPA violations involving reassigned numbers, citing the D.C. [read post]
21 Dec 2006, 11:04 am
" Thus, plaintiff failed to establish that the class action waiver was substantively unconscionable under the Discover Bank test. [read post]
29 Jun 2021, 3:55 pm
In Hassell, Uber argued that section 7451 “‘effectively repealed’ the ABC test ‘as to delivery people. [read post]
28 May 2023, 7:29 am
However, the plaintiff still noticed the smell so he called a company to test and remediate mold. [read post]
29 Sep 2011, 1:27 pm
If so, what kind of testing is normally performed? [read post]
17 Apr 2020, 1:31 pm
” And then it did the multifactor confusion test anyway. [read post]
1 Feb 2013, 3:18 am
The effects test is three pronged and applied where: (1) the defendant committed an intentional tort; (2) the plaintiff felt the brunt of the harm in a forum that can be said to be the focal point of the harm; and (3) the defendant expressly aimed tortious conduct at the forum in a manner that the forum can be said to be the focal point of it. [read post]
29 Nov 2016, 2:44 am
By 'enough' I mean a substantial number of the plaintiff's customers or potential customers deceived for there to be a real effect on the plaintiff's trade or goodwill. [read post]
29 Oct 2020, 7:29 am
The purpose of the zone-of-interests test is to “foreclose[] suit only when a plaintiff’s interests are so marginally r-lated to or inconsistent with the purposes implicit in the statute that it cannot reasonably be assumed that Congress authorized that plaintiff to sue. [read post]
26 Sep 2016, 9:07 am
” ONYnoted that “it is relevant that plaintiff does not allege that the data presented in the article were fabricated or fraudulently created. [read post]
25 Jan 2019, 1:38 pm
’” Quality favored neither side, because it is a garbage factor that should be eliminated from the current test, and consumer sophistication favored Laclede.Nominative fair use factors: in the Second Circuit, the f [read post]
15 Feb 2012, 5:40 pm
Of course, this just goes to show that Conte Bros. is wrong to apply antitrust standing tests to Lanham Act cases and that Gordon & Breach serves all the worthwhile plaintiff-limiting functions to be had from a standing test. [read post]
21 Jun 2006, 4:41 am
June 20, 2006).The case involved allegations that the defendant infringed plaintiff's copyrights in townhouse design plans. [read post]
29 Jun 2012, 9:57 am
Without resolving which test applies, the SCOV determines that the videotaping incident does not trigger either.The first test comes from Vermont law. [read post]
29 Jun 2012, 9:57 am
Without resolving which test applies, the SCOV determines that the videotaping incident does not trigger either.The first test comes from Vermont law. [read post]
29 Feb 2020, 4:34 am
The plaintiff contended that she should have undergone an MRI and other tests during this visit. [read post]
12 Dec 2023, 3:45 am
Among the plaintiffs is Amanda Zurawski, who was 18 weeks pregnant after a year and half of fertility treatments when her water broke. [read post]
14 Apr 2012, 9:32 am
The decision clarifies some laws as they pertain to employers and employees, and sets forth a simple three part test for meal period compliance. [read post]
10 Jan 2017, 10:01 am
Probationary periods are a tool long used to test the viability of job candidates. [read post]
