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24 Feb 2008, 10:04 pm
This principle underlies three standards which offer both a better explanation of the Court's past section 1331 cases and better guides for future decisions than the Holmes test. [read post]
3 Aug 2012, 7:00 am
But plaintiff argued that if he had been advised by defendants of the donor’s positive CMV blood test result or his own positive HHV-6 result, he would have chosen to receive a kidney from his wife instead of his co-worker. [read post]
6 Aug 2012, 11:20 am
Plaintiff supported its motion with test results and an expert’s affidavit that certain contaminants could have come only from refinery operations, which plaintiff never conducted. [read post]
6 Aug 2012, 11:20 am
Plaintiff supported its motion with test results and an expert’s affidavit that certain contaminants could have come only from refinery operations, which plaintiff never conducted. [read post]
1 May 2009, 11:06 pm
The contract also provided the plaintiff would be free to practice within the prescribed area if he paid the defendant employer "liquidated damages" in the amount of $ 225,000.00.The court found the contract failed the first prong of the three-part test used to determine the validity of a non-compete contract. [read post]
3 Aug 2012, 7:00 am
But plaintiff argued that if he had been advised by defendants of the donor’s positive CMV blood test result or his own positive HHV-6 result, he would have chosen to receive a kidney from his wife instead of his co-worker. [read post]
6 Jul 2014, 1:08 pm
Here, too, however, the Court pulled back without resolving that question: "In the end, however, we need not rely on the option of a new, government-funded program in order to conclude that the HHS regulations fail the least-restrictive-means test. [read post]
23 Sep 2008, 4:25 pm
Preposterous and a candidate for the 'grossest abuse of trademark law to suppress speech the plaintiff doesn't like,' is how Public Citizen lawyer Paul Levy describes Jones Day's lawsuit against an Internet site for mentioning the Jones Day name without permission. [read post]
25 Nov 2009, 7:32 am
The first test revealed that the Mr. [read post]
13 Jul 2012, 9:51 am
The New Jersey Appellate Division recently affirmed a trial court's judgment awarding plaintiff, Mr. [read post]
4 Jul 2011, 5:00 am
Hint: It involves an utterly phenomenal battle between intellectual property and journalism in the the New York Post, which no one but the publicity-seeking plaintiff wins. [read post]
12 Oct 2016, 8:53 am
City officials did not reveal the full amount of the settlement, but over the summer, the plaintiff offered to settle the case for a whopping $175,000. [read post]
28 Feb 2012, 7:50 am
Plaintiff Tommy Maddox was a delivery man who made deliveries to a grocery store owned by Defendant, Townsend & Sons, in Columbus, Mississippi. [read post]
23 Dec 2011, 5:21 am
In Marder, the plaintiff claimed pelvic inflammatory disease from a IUD. [read post]
7 Mar 2018, 1:45 pm
Most practitioners and courts had applied the Terletshy test since its publication in 1994. [read post]
14 Oct 2014, 5:29 am
In litigation claims for compensation for brain tumors for cell phone use, plaintiffs’ expert witness relied upon subgroup analysis, which added to the number of tests conducted within the epidemiologic study at issue. [read post]
31 Aug 2021, 10:33 am
Copyrightability of Software: The Next Big Case The software at issue here is most aptly described as a programming language that consists of a set of functions & options that the plaintiff calls “input formats” used to produce formatted reports. [read post]
24 Jul 2018, 8:20 am
Risk-Benefit Test The risk-benefit test is fairly straightforward on the surface. [read post]
1 Feb 2023, 5:11 am
Judgment was entered in the amount that the plaintiffs requested, including the $2,000,000 in pain and suffering alleged by each plaintiff. [read post]
2 Aug 2013, 4:30 am
The plaintiff moved to exclude all reference related to Broadspire Services, Inc. [read post]