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6 Jan 2013, 3:12 pm
The Supreme Court then addressed the "duty" analysis under the traditional "relationship" test. [read post]
27 Feb 2018, 7:30 am by Rebecca Tushnet
  But it couldn’t meet the “demanding” standard; Wal-Mart cautioned against vague tests for inherent distinctiveness. [read post]
24 Mar 2015, 5:15 am by Beth Van Schaack
In October 2014, Plaintiffs moved for reconsideration in light of intervening 9th Circuit precedent in Doe v. [read post]
20 Jun 2023, 8:01 am by Rebecca Tushnet
MacuHealth presented evidence of residual solvents in Early Defense capsules.Vision Elements chose not to test for the presence of solvents in Early Defense. [read post]
1 Dec 2013, 7:42 am
Plaintiffs in those jurisdictions only need to show that the shop served someone who was visibly intoxicated and that person later caused the plaintiff’s injury. [read post]
15 Mar 2013, 5:30 am by Melissa Wojtylak
A few weeks ago, we reported (yes, back to the plural) on the Chiles case, in which the defendant emerged victorious from a choice of law battle over which state’s law should be applied to plaintiffs’ punitive damages claims: Florida’s, where the plaintiff lived and took the drug, or New Jersey’s, where the defendant was located. [read post]
13 Apr 2015, 8:46 pm by Timothy P. Flynn
., to put an end to its surreptitious collection, use, and storage of Plaintiff's and the proposed class's sensitive biometric data. [read post]
8 Jan 2020, 12:50 pm
Code § 2314.Becerra’s claims under the California consumer- protection statutes are governed by the “reasonable consumer” test. [read post]
25 Jan 2013, 7:01 am by Rahul Bhagnari, ACLU
Other courts have granted preliminary relief, preventing the rule from being enforced against individual plaintiffs until the entire case has played out because there’s enough of a likelihood that the plaintiffs will prevail. [read post]
19 Sep 2013, 7:58 am
Plaintiffs may be claiming millions or billions of dollars in damages, which may approach “bet the company” proportions. [read post]
25 Nov 2013, 3:56 am
That seems specific enough, but try applying that test in the real world. [read post]
27 Jul 2022, 6:58 am by Levin Papantonio
The company announced that testing of the plant had uncovered evidence of Cronobacter sakazakii. [read post]
15 May 2013, 11:07 am
Biomet, Stryker, Smith and Nephew and Zimmer Lawsuits Other metal on metal manufacturers are also under fire for allegedly selling defective hip implants without adequate testing. [read post]
7 Jul 2017, 4:17 pm by daniel
These tactics present a compelling need for deterrence and to discourage exploitative litigation by patentees who have no intention of testing the merits of their claims. [read post]
28 Dec 2022, 12:23 pm by Rebecca Tushnet
There is evidence of actual consumer confusion, by the plaintiff and the consumer reviews. [read post]
16 Jun 2016, 1:55 pm by Lisa Ouellette
” And this win for patent plaintiffs might help stem what Mark Lemley has dubbed a potential “crisis of underprotection” for patentees.But there are also costs to this higher risk of liability. [read post]