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31 Oct 2017, 5:00 am
The second step is subjective, and the court says experts have no place in telling juries what the important parts of the work are.The 9th Circuit, where Antonick's case takes place, has adopted this test generally, though it gives a different name: the extrinsic test, which is objective, and the intrinsic test, which is subjective. [read post]
30 Oct 2017, 3:54 am
However, since the Federal Circuit’s 1990 holding in VE Holdingsthat a company “resided” anywhere a defendant purposefully directed its activities, provided that the plaintiff’s claim arose out of those activities. [read post]
28 Oct 2017, 10:03 am
Harwick Chemical Co., 73 Ohio St.3d 679 (1995) (Requiring plaintiff to prove exposure to the defendant’s product for each defendant in a multi-defendant asbestos case, and that the product was a substantial factor in causing the plaintiff’s injury, but rejecting Lorhmann test of causation. [read post]
28 Oct 2017, 6:00 am
She was eventually sentenced to thee years in prison where she was to serve no less than two and a half years of that sentence and to complete drug and alcohol testing as deemed necessary. [read post]
27 Oct 2017, 7:17 am
” Plaintiffs submitted evidence that Verified Nutrition exists as a Nevada limited liability company, disproving the claim that it is a “fake company,” as well as evidence that they spent approximately $150,000 in testing the ingredients of prostate supplements to review them on Prostate Report, which goes to the “fake review” statements. [read post]
25 Oct 2017, 6:22 am
In addition to an artificial hip implant breakdown, there were also cases where the metal shards would enter the plaintiff’s bloodstream and this can result in a dangerous type of poisoning known as metalosis. [read post]
24 Oct 2017, 9:01 pm
In this column, I will be reviewing a book written by my colleague, Sital Kalantry, entitled Women’s Human Rights and Migration: Sex-Selective Abortion Laws in the United States and India. [read post]
24 Oct 2017, 5:00 am
The highest win rate was 39%, so it is not like the plaintiffs were running away with victory here. [read post]
24 Oct 2017, 4:20 am
As the Court of Appeals recently stated when addressing the witness privilege in another context, “[t]he test is ‘whether the plaintiff can make out the elements of his [or her] . . . claim without resorting to the . . . testimony. [read post]
23 Oct 2017, 4:22 pm
The quality and integrity of corporate decision-making is constantly being tested by new rules and regulations governing corporate compliance. [read post]
23 Oct 2017, 4:22 pm
The quality and integrity of corporate decision-making is constantly being tested by new rules and regulations governing corporate compliance. [read post]
23 Oct 2017, 3:53 pm
The plaintiffs have also argued that manufacturers should warn that patients be given a blood test (known as an anti-Factor Xa assay, which is being used in Europe to identify high-risk patients) prior to use of the newer blood thinners to confirm that the patient will tolerate the drug. [read post]
23 Oct 2017, 11:20 am
*See our blogs Arizona Attorney General Intervenes to stop abusive ADA litigation, ADA Litigation – cooking hotdogs with $100 bills, and ADA testing and ADA exploitation are not the same – the courts are getting it. [read post]
23 Oct 2017, 7:07 am
These are the hand signals still taught on the written driving test, so all drivers are expected to know what the various signals mean. [read post]
23 Oct 2017, 5:44 am
[The plaintiff] could not, until the third day, have known whether he had won or lost. [read post]
22 Oct 2017, 11:09 pm
"This test presents challenges and opportunities for either party when arguing to the jury. [read post]
22 Oct 2017, 10:00 pm
» Related StoriesCourt Characterizes Plaintiff’s Request for Spoliation of Images Still Available as “Frivolous”: eDiscovery Case LawPlaintiff Sanctioned for Preserving Only Scanned Copy of Journal and Destroying the Original: eDiscovery Case LawGoogle Requests Contempt Order For $10,000 Sanctions Per Day Against…Google: eDiscovery Case Law [read post]
22 Oct 2017, 8:07 am
’” Judge Chuang found all three to be satisfied for both the individual plaintiffs and the organizational plaintiffs. [read post]
21 Oct 2017, 12:25 pm
If Weed’s testimony was ignored or discredited by Smith’s cross-examination on the Carter order, then the Escheverria case cannot be considered a useful test of the plaintiffs’ causal claim. [read post]
20 Oct 2017, 7:05 am
As a practical matter, urine testing is inaccurate and blood testing requires a phlebotomist so breath testing is the preferred method. [read post]
