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7 Sep 2017, 10:30 am
But such a claim requires the defendant’s action be a proximate cause of the plaintiff’s alleged injury. [read post]
7 Sep 2017, 3:56 am
Thus, although the Court of Appeals has adopted a three-part test for determining whether to apply relation back to an amended pleading that adds a new defendant, no such test applies where a plaintiff simply seeks the relation back of a new claim (see Buran, 87 NY2d at 178). [read post]
7 Sep 2017, 3:43 am
But despite the plaintiff’s concession that the Colorado SORA survived the “intent” test, Judge Matsch squares up to that reality as well. [read post]
6 Sep 2017, 9:52 am
The plaintiff appealed. [read post]
6 Sep 2017, 7:39 am
Giving another push from below, the district court on August 31, 2017, granted the business plaintiffs’ motion for summary judgment. [read post]
6 Sep 2017, 7:10 am
It will be interesting to see what test the DC Court applies to determine whether the projects there challenged will serve a public use. [read post]
5 Sep 2017, 6:52 pm
"); Power Test Petroleum Distr., Inc. v. [read post]
5 Sep 2017, 2:30 pm
The plaintiffs’ experts must prepare and file their extensive reports by February of 2018. [read post]
5 Sep 2017, 1:34 pm
“The elements of the tort are the actual marriage between the spouses and sexual intercourse between defendant and the plaintiff’s spouse during the coverture. [read post]
5 Sep 2017, 12:24 pm
Plaintiff filed suit against defendant due to injuries he sustained while using a tree stand distributed by the defendant. [read post]
5 Sep 2017, 11:55 am
I for one would love to test it out, but I would want to do it with the perfect case, or something close to it. [read post]
5 Sep 2017, 7:39 am
Even medications that have gone through all of the required testing sometimes cause considerable harm and even death, inevitably leading to Massachusetts product liability lawsuits in Cape Cod and elsewhere. [read post]
4 Sep 2017, 8:51 pm
Field sobriety tests are voluntary tests that may be refused, even when such refusal is admissible into evidence at trial as knowledge of culpability. [read post]
4 Sep 2017, 2:35 pm
The legal test for whether assumption of risk applies is whether the risk inherent to the activity can be eliminated without changing the fundamental nature of the activity. [read post]
2 Sep 2017, 10:25 pm
If there is a similar device already on the market, and there often is, the company may be able to skip certain testing and then go back and do post-market testing. [read post]
2 Sep 2017, 10:07 pm
This is what Google is working on, and they have taken some fully automated rides around California, but the company is not where it needs to be yet in terms of safety testing and reliability.Since the Google system is not on the market yet, many turned to the Tesla system. [read post]
2 Sep 2017, 6:58 am
Once plaintiff has chest pain and shortness of breath and goes to a doctor, plaintiff is typically told they only have a year of so left to live. [read post]
2 Sep 2017, 5:36 am
The defense had intended to impeach plaintiff and Dr. [read post]
2 Sep 2017, 5:36 am
The defense had intended to impeach plaintiff and Dr. [read post]
2 Sep 2017, 3:08 am
Plaintiff brought suit against defendant nurse practitioner under the HCLA, alleging that she “violated the applicable standard of care in her treatment of him…by failing to order the proper tests and for failing to perform proper examinations. [read post]
