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19 Nov 2017, 4:31 am
Gandy, testified that plaintiff was showing signs of infection, including an elevated white blood cell count and fever, before his discharge, and that it was a deviation from the standard of care to not do more testing based on these indications. [read post]
17 Nov 2017, 9:48 am
The United States government alleged that the defendant doctor had a duty to exercise the degree of skill and care that is required of health care, medical, and nursing professionals under similar circumstances in making all diagnoses, examinations, tests, and treatments, and not to abandon the plaintiff in any way. [read post]
16 Nov 2017, 7:00 pm
The plaintiffs in the case are religiously-motivated protesters who engage in protest activities around a Planned Parenthood facility in Pittsburgh. [read post]
16 Nov 2017, 3:16 pm
Cal., 2016) (Statement from co-worker attesting to the plaintiff’s failed attempts to work with her condition was persuasive evidence). [read post]
16 Nov 2017, 1:36 pm
You may be lawfully upon the premises as a business invitee in the exercise of due care on your part, and solely by reason of the omission, failure and default of the store, be caused to fall down If the store did not perform their duty to plaintiff to maintain the premises in a safe, suitable and proper condition, you may be entitled to make a claim. [read post]
16 Nov 2017, 11:47 am
Similarity of the Marks Similarity of the marks is tested on three levels: sight, sound, and meaning. [read post]
16 Nov 2017, 10:18 am
That test requires that plaintiffs seeking to unmask anonymous speakers make an initial showing that their legal claims have merit and that the platforms provide notice to the anonymous account being targeted by the subpoena. [read post]
16 Nov 2017, 6:34 am
Primary beneficiary test. [read post]
16 Nov 2017, 4:25 am
While a single egregious event is sufficient outside of the First Department, Freeman v Brecher 2017 NY Slip Op 07949 Decided on November 14, 2017 Appellate Division, First Department shows us the three part test for the First Department. [read post]
15 Nov 2017, 10:44 am
According to the test established in Anns v. [read post]
15 Nov 2017, 10:44 am
According to the test established in Anns v. [read post]
15 Nov 2017, 7:52 am
The defense of nominative fair-use may apply where a defendant uses a mark solely to describe and refer to the plaintiff’s product, but not the defendant’s product, for purposes such as comparison, criticism, or simply a point of reference. [read post]
15 Nov 2017, 6:01 am
Functionally similar test. [read post]
14 Nov 2017, 10:56 pm
Has the consultant done penetration testing, including use of simulated phishing and other types of cyberattacks? [read post]
14 Nov 2017, 12:58 pm
Congress needs to abandon its misguided efforts to undermine §230 and heed Zeran’s time-tested lesson: if we fail to protect intermediaries, we fail to protect online speech for everyone. [read post]
13 Nov 2017, 2:38 pm
In that case the plaintiff prisoner brought an action in battery against a prison doctor for administering drugs by injection. [read post]
13 Nov 2017, 9:30 am
” In the alternative, the court might adopt a test looking at the relative cost of developing a part and awarding damages in proportion. [read post]
13 Nov 2017, 9:00 am
The Obama Administration upended this traditional test, however. [read post]
13 Nov 2017, 8:08 am
The plaintiffs argued that the lower court erred when it concluded that the chaperones supervising the elementary school field trip were public employees as a matter of law. [read post]
13 Nov 2017, 8:08 am
The plaintiffs argued that the lower court erred when it concluded that the chaperones supervising the elementary school field trip were public employees as a matter of law. [read post]
