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28 Apr 2017, 8:40 am
App’x 406 (6th Cir. 2015), which held that Walden conclusively rejected a broad reading of the “effects test” under Calder v. [read post]
28 Apr 2017, 6:51 am
This four-fact test, however, isn’t as useful in the student athlete context, noted the court, so the focus would be on the “true nature of the relationship. [read post]
28 Apr 2017, 3:06 am
Opposer pointed to know such misdescription and provided no evidence thereof.Section 2(e)(1) Deceptive Misdescriptiveness: This test comprises the first two prongs of the Section 2(a) deceptiveness test. [read post]
27 Apr 2017, 12:51 pm
In the view of plaintiffs’ lawyers, that allows venue to exist anywhere in the country that the plan administrator or the plan itself might be subject to jurisdiction under a minimum contacts test, while defense lawyers typically assert it must have a more limited effect. [read post]
27 Apr 2017, 11:13 am
The United States has likely carried out the recent spate of diplomatic and military moves to dissuade Kim Jong Un from conducting further nuclear or ballistic missile tests, and not to prepare for a preemptive strike. [read post]
27 Apr 2017, 8:54 am
The court noted that Plaintiff cited no authority to support this distinction. [read post]
27 Apr 2017, 8:54 am
The court noted that Plaintiff cited no authority to support this distinction. [read post]
26 Apr 2017, 1:35 pm
” When Goldstein responded that McKesson’s role was integral to the lower court’s analysis and that it would be “very confusing to the lower courts to simply cast it aside,” Gorsuch retorted: “What’s confusing, though, about simply saying ‘here’s the correct test, reverse, remand, go apply the correct test’? [read post]
26 Apr 2017, 7:58 am
The government did not explain why the relator will receive less than the 15-25% share normally available to qui tam plaintiffs.) [read post]
26 Apr 2017, 7:58 am
The government did not explain why the relator will receive less than the 15-25% share normally available to qui tam plaintiffs.) [read post]
Title VII plaintiff failed to show positive drug test was unreliable or race was reason for non-hire
26 Apr 2017, 6:59 am
The applicant tested positive for marijuana and an independent medical review officer, who is a physician, notified the plaintiff of his results. [read post]
25 Apr 2017, 5:49 pm
The test indicated that the at-issue tire model “got unusually hot” at certain speeds, which had been Plaintiffs’ theory all along. [read post]
25 Apr 2017, 5:49 pm
The test indicated that the at-issue tire model “got unusually hot” at certain speeds, which had been Plaintiffs’ theory all along. [read post]
25 Apr 2017, 12:37 pm
While Google’s test runs of its self-driving cars have been nearly flawless, Uber has had multiple incidences of its self-driving cars running red lights in San Francisco. [read post]
25 Apr 2017, 9:04 am
I anticipate dozens of plaintiffs’ lawyers packaging complaints against tribal employees on a wide variety of issues to test how wide the lower courts will interpret this decisions. [read post]
25 Apr 2017, 8:44 am
"Having disposed of the constitutional issues, Justice Broad reviewed Enbridge's request for injunctive relief on the basis of the standard three-part test for injunctions:1) the plaintiff must establish a serious question to be tried;2) the plaintiff must show that it will suffer irreparable harm if the injunction is not granted; and3) the balance of convenience favours the… [read post]
25 Apr 2017, 2:30 am
He also explained that clients often take different strategic approaches to dealing with PAEs depending on the quality of the plaintiff firm representing the PAE and the funding supporting the claim. [read post]
24 Apr 2017, 2:32 pm
” The Court noted “[a]n important elaboration” of ministerial/discretionary analysis is the “functional test” announced in Friends of Westwood, Inc. v. [read post]
24 Apr 2017, 8:33 am
In 1571, an English jurist named Edmund Plowden, trying to make sense of cases involving the sale and purchase of land owned by various monarchs, argued: [T]he King has in him two Bodies, viz., a Body natural, and a Body politic. [read post]
24 Apr 2017, 8:26 am
First, the majority imported the comparator approach, which is normally applied during summary judgment as a test for causation. [read post]
