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25 Jun 2020, 11:43 am
The plaintiff satisfied the test and qualified as a rescuer. [read post]
18 Mar 2011, 6:19 am
Strum’s independent testing firm tested over 100 cartridges without failure. [read post]
Finally, An End—for Now—to Dickey-Wicker Sticky Wickets: On Stem Cell Research and Chevron Deference
24 Aug 2012, 2:40 pm
Lamberth had overseen almost identical litigation, involving some of the same plaintiffs, during the Clinton Administration, only to have it voluntarily dismissed by plaintiffs when President Bush was elected and stayed the Clinton policy before it went into effect. [read post]
5 Nov 2010, 1:38 pm
Talk about a plaintiff's dream. [read post]
28 Dec 2011, 9:34 am
LEXIS 146139, 24 (“The Court agrees with Conseco that if plaintiffs' theory of damages required return of premiums paid, there would necessarily be individualized inquiries of the type that fail the incidental test”)], the plaintiffs here had put forward a more limited theory of damage that was tailored to the amounts of the alleged inflated costs of insurance and expense charges that formed the basis of liability. [read post]
28 Jun 2012, 5:16 am
Plaintiffs’ claim of regulatory fraud was rejected. [read post]
8 Apr 2020, 8:00 am
(Plaintiffs voluntarily dismissed Alexian Brothers Medical Center as a defendant.) [read post]
21 Nov 2010, 6:30 pm
For example, a company could reasonably conclude that a single report of an adverse event from an anonymous user, or a dozen reports of a dozen different adverse events, would not be important to a reasonable investor for a widely used drug that had undergone rigorous pre-market testing and FDA review and approval. [read post]
13 Nov 2009, 12:48 pm
In considering whether to grant the interlocutory injunction, Justice Price applied the test set out by the Supreme Court of Canada in R.J.R. [read post]
30 Jul 2012, 6:57 am
Because the test contains four distinct concepts, I find it easier to think of this as a four-part test. [read post]
2 Oct 2023, 3:37 pm
Way was whether courts should subject such laws to the most rigorous constitutional test, known as strict scrutiny, or whether the laws should instead be reviewed using a less stringent balancing test. [read post]
12 Jul 2017, 4:06 am
In terms of whether the identifiable public interest in the information met the relevant test, the Judge held that in all the circumstances, it was not in the public interest that the duty of confidence should be breached. [read post]
10 Aug 2017, 2:07 pm
We depart from the two-part test that Baures prescribed for a relocation application brought by a parent of primary residence. [read post]
10 Aug 2017, 2:07 pm
We depart from the two-part test that Baures prescribed for a relocation application brought by a parent of primary residence. [read post]
8 Dec 2011, 9:01 pm
Are you a Torts professor, testing negligence per se? [read post]
22 Oct 2012, 1:18 am
Supreme Court enunciated a "transactions" test to determine the applicability of the U.S. securities laws. [read post]
13 Feb 2019, 6:09 am
Which test applies? [read post]
19 May 2016, 7:34 am
In the Ninth Circuit, the three-factor nominative use test substitutes for the standard multi-factor likelihood of consumer confusion test. [read post]
14 Jun 2013, 2:21 pm
The discovery enabled Myriad to develop medical tests for detecting mutations for assessing cancer risk. [read post]
11 Jun 2023, 4:21 pm
This test compares the profits of the business “‘that are closely comparable to the plaintiff’s.'” The yardstick test is often employed when the plaintiff “is driven out of business before he is able to compile an earnings record sufficient to allow estimation of profits. [read post]
