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24 Feb 2012, 11:39 am by Michael C. Smith
Tex. 2/23/11) Judge: Leonard Davis Holding: Motion to Disqualify Counsel DENIED Judge Davis denied a motion to disqualify the plaintiff's counsel in this case based on the plaintiff's previous representation of a Secure Axcess defendant in prior patent litigation. [read post]
7 Apr 2009, 7:30 am
In Fruiterman, the plaintiff mother claimed medical malpractice for her Ob/Gyn failing to inform her about first trimester testing for genetic defects for which she would have elected to terminate her pregnancy. [read post]
11 Apr 2010, 10:11 pm
  This certainly doesn’t reflect well upon their sense of ethics: -Toyota hid the existence of its roof strength tests in numerous cases. [read post]
3 Feb 2022, 6:41 am by Andrew Brockman
In the 10 other cases that have been decided, 3M won five cases and the plaintiffs won five cases. [read post]
21 Jul 2016, 7:34 pm by lennyesq
Defendant argued that this blood test was a violation of her constitutional rights because the veterinarian did not have a warrant to perform the test. [read post]
11 Dec 2009, 10:55 am by The Complex Litigator
The protective measure that plaintiffs should take is to draft proposed orders that identify the four-factor test from Gentry as having been satisfied. [read post]
19 Aug 2015, 7:12 am by Jeremiah N. Johns
The plaintiff was loaned by his employer to Wild Well Control, Inc. [read post]
18 Jun 2007, 7:26 pm
We must decide whether the Fourth Amendment permits compulsory DNA testing of the Plaintiffs, non-violent felony offenders subject to the Act, in the absence of individualized suspicion that they have committed additional crimes. [read post]
1 Dec 2008, 12:15 pm
The study tests the hypothesis of an article I previously published in which I argued that WorldCom would encourage plaintiffs to increasingly utilize Section 11 as a means to obtain settlement awards in securities class action cases. [read post]
9 Mar 2010, 4:08 pm by A. Benjamin Spencer
My proposal has something to offer plaintiffs, defendants, and the judicial system. [read post]
13 Jun 2012, 6:24 pm by Trey Childress
  Put a slightly different way, district courts seem to be conducting a version of a conducts (enterprise) and effects (location of racketeering activity) test–a test which was rejected in the securities context in Morrison. [read post]
22 Jun 2009, 1:16 pm
Osborne, No. 08-6 In a 42 U.S.C. section 1983 action seeking the evidence used to convict Defendant of sexual assault for the purposes of DNA testing, summary judgment for Plaintiff is reversed where, assuming Plaintiff's claims could be pursued using Section 1983, he had no constitutional right to obtain post-conviction access to the State's evidence for DNA testing. [read post]
29 Jan 2008, 4:36 pm
The Federal Court declined the order requested on the basis that the Defendant failed to meet the well-established test for setting aside a default judgment (1. a reasonable explanation for the failure to file a Statement of Defence; 2. a prima facie defence on the merits to the Plaintiff’s claim; and 3. [read post]
17 Dec 2015, 10:21 am by Bill Marler
ACI has conducted extensive research to design a unique program with an expert faculty to provide practical solutions to addressing your most pressing concerns surrounding: Whistleblower Claims – Understanding Employee Protections Under FSMA Section 402 How FDA’s Increased Authority to Inspect Your Testing Records Could Increase Your Litigation Risk Cutting Edge Testing Methods You Need to Understand to Defend Your Case How to Settle a Food-Borne Illness Personal Injury… [read post]
9 May 2014, 2:42 am by Lyle Roberts
” The fact that the purchaser is a U.S. entity or placed the order in the U.S. does not establish that it has met this test. [read post]
14 Oct 2019, 2:58 am by Walter Olson
” [Cheyna Roth, Michigan Radio (NPR)] Tags: ADA filing mills, airlines, disabled rights, real estate, service animals, testing, web accessibility [read post]
21 Apr 2011, 7:54 am by Richard Painter
(plaintiffs' motion for recusal of Judge Noonan denied) ("The plaintiffs seek to qualify the office of federal judge with a proviso: no judge with religious beliefs condemning abortion may function in abortion cases. [read post]
3 May 2017, 6:38 am by Joy Waltemath
Federal case law provides a two-prong test of relevance and necessity to determine whether the qualified privilege protecting tax returns is overcome. [read post]