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25 Jan 2011, 9:00 am
” When the television ad flashed the phrase: “Based Upon Lab Tests”, it became a lot more difficult for Clorox to argue that the claims are puffery. [read post]
8 Feb 2022, 2:07 pm
Despite section 1102.6’s enactment, some California courts continued to apply the McDonnell Douglas test to section 1102.5 whistleblower retaliation claims. [read post]
20 Jul 2010, 2:15 pm
The court held that the record in this case satisfied this test and concluded that the promissory note’s class action and class arbitration waiver clause was unconscionable. [read post]
21 Oct 2010, 8:25 pm
Note that the 3rd Circuit affirmed this decision but did not specifically enunciate a test for ADA associational claims. [read post]
9 Feb 2021, 12:13 pm
She did not meet the more difficult any occupation test of disability necessary for LTD benefits to be paid for more than two years. [read post]
22 Apr 2011, 5:50 am
In this case, the plaintiff was fired after failing a drug test in violation of his employer's policy. [read post]
28 Sep 2010, 5:11 am
The exchange-based test gives investors clear notice of when they’re protected and when not. [read post]
19 Nov 2021, 6:59 am
Kilborn took on his test question. [read post]
30 Mar 2010, 4:13 am
Actually developing tests is perhaps a different matter. [read post]
4 May 2010, 2:31 pm
And both civil union and adoption require the biological or adoptive parent’s legal consent, as opposed to the indeterminate implied consent featured in the various tests proposed to establish de facto or functional parentage. [read post]
16 Feb 2009, 8:33 am
The Court found that the plaintiffs had made no allegations of demand futility with respect to the new board and so, if the complaint were to survive the motion to dismiss, the plaintiffs had to prove that demand futility should be tested with respect to the old board. [read post]
4 Jan 2018, 12:07 pm
That said, there are few types of cases that might test Section 1837's breadth as plaintiffs seek to bring private actions under the DTSA.Example 1. [read post]
4 Jan 2018, 12:07 pm
That said, there are few types of cases that might test Section 1837's breadth as plaintiffs seek to bring private actions under the DTSA.Example 1. [read post]
5 Apr 2012, 4:15 am
If a test or procedure is truly unnecessary or useless, then the test is not going to help the doctor diagnose or treat any sort of condition. [read post]
14 Feb 2013, 5:02 am
He admitted, though, that until he took the stand at trial, he had never seen any of plaintiff’s medical records or test results. [read post]
5 Aug 2020, 8:32 am
The court rejects this argument too: “the test is whether users are drawn to Bright House by the availability of infringing content. [read post]
2 Dec 2010, 4:23 am
The court held that plaintiffs had failed to identify a common specific defect in the manufacturing process, and thus failed the commonality test. [read post]
14 May 2008, 5:20 am
Because plaintiffs’ expert outlined a “colorable method” for establishing a “common impact” of defendant’s allegedly improper conduct, the predominance test was satisfied. [read post]
18 Sep 2021, 12:36 pm
Amazon, the Ninth Circuit ruled that direct liability applied, if at all, to the server hosting the file (the “server” test), not the third-party website in-line linking the file (an “incorporation” test). [read post]
7 Jan 2019, 2:00 am
Johnson & Johnson denied those allegations, saying rigorous testing and purification processes ensure its talc is clean. [read post]
