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28 Sep 2017, 12:28 pm by Kevin C. Ford, Trial Lawyer
When pleading antitrust violations based upon a horizontal price fixing agreement, plaintiffs usually must demonstrate that such a contract or conspiracy is unreasonable and anticompetitive, otherwise known as the “rule of reason” test. [read post]
28 Sep 2017, 12:05 pm by CJ Haddick
In affirming the Superior Court and sending the case back to the trial court under the clarified bad faith test, Justice Max Bear noted: “We do not believe that the General Assembly intended to create a standard so stringent that it would be highly unlikely that any plaintiff could prevail thereunder when it created the remedy for bad faith. . . [read post]
28 Sep 2017, 10:58 am by Daniel E. Cummins
Section 8371.In Rancosky, the Supreme Court adopted the two-part test enunciated in the case of Terletsky v. v. [read post]
28 Sep 2017, 10:54 am by Law Offices of Jeffrey S. Glassman
  This test requires a basic knowledge of how to perform a pre-trip inspection as required by the U.S. [read post]
27 Sep 2017, 8:06 am by Steven Cohen
  The court disagreed, stating that Woehrle does have significant practical experience on automotive component testing. [read post]
26 Sep 2017, 7:30 am by Amy Howe
For example, they point out, lead plaintiff William Whitford lives in a district that Democrats have historically won by wide margins. [read post]
25 Sep 2017, 7:04 am by Josh Blackman and Seth Barrett Tillman
” In a series of coordinated lawsuits brought under the Foreign Emoluments Clause, plaintiffs contend that because “Defendant Donald J. [read post]
25 Sep 2017, 4:28 am by Andrew Lavoott Bluestone
” “In its Counterclaims (Answer at 6-16), defendant alleges that on November 28, 2015, at approximately 12:50 P.M., plaintiff caused a power outage in the Data Center by failing to properly return the fire alarm control panel and related systems to normal operation following a test of the fire alarm system.~~ 10-18. [read post]
24 Sep 2017, 9:01 pm by Sherry F. Colb
If the plaintiff should have won but did not, then the plaintiff unjustly loses the money that he should have won from the defendant. [read post]
23 Sep 2017, 12:39 pm by Lawrence B. Ebert
LEXIS 155132 :Plaintiffs [ MILWAUKEE ELECTRIC TOOL et al] assert infringement of the following claims against Snap-on: claims 1 and 8-10 of U.S. [read post]
23 Sep 2017, 4:23 am by SHG
This comes from the 2001 guidance issued in the waning hours of the Clinton administration, except it’s a misquote of the Supreme Court’s test in Davis v. [read post]
22 Sep 2017, 2:56 pm by emagraken
There is no equivalent particularization of other testing that might be performed. [9]             I think I can assume that often physical tests are performed on plaintiffs, but that does not include what the plaintiff refers to as intrusive investigation or intrusive testing. [read post]
22 Sep 2017, 12:14 pm by Mark Tabakman
The Seventh Circuit looked at the “primary beneficiary” test and determined that under those standards, the workers were not employees. [read post]
22 Sep 2017, 11:05 am by James Innocent
After the water, pH strips should be used to test for any lingering chemicals. [read post]