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15 Jan 2010, 7:45 am
A recent federal case tested these boundaries. [read post]
6 May 2009, 7:18 am
There is no reason to suppose the Court would not approve some sort of price-cost test in evaluating bundled discounts. [read post]
13 Feb 2012, 4:23 am
Empirical testing: the theory or technique must be falsifiable, refutable, and testable. 2. [read post]
28 Aug 2007, 5:15 am
The subjective materiality test is used to make it harder on plaintiffs to plead a lack of independence and to allow courts to disregard the payment of large fees to directors. [read post]
25 Mar 2024, 7:00 am
” And the warnings weren’t narrowly tailored under Central Hudson because the government hadn’t first tried increased funding for antismoking advertisements, increased government anti-smoking communications, or “test[ed] the efficacy of ‘smaller or differently placed warnings. [read post]
9 Jul 2020, 5:48 pm
So I get that's the test. [read post]
3 Jun 2012, 6:29 pm
If a plaintiff brings unrelated federalism and equal protection claims that invoke distinct tests, it's true that a third-party observer might accurately predict that the plaintiff has a better chance of prevailing than if the plaintiff brings only one or the other claim But that's quite different from the court itself combining the rules of law to actually employ a test more favorable to the plaintiff than the test… [read post]
9 Oct 2008, 6:10 pm
L'Oreal argued (and the judge agreed) that Feeney had been able to offer no evidence that the wrong color dye was in the tube she bought, as she claimed; nor had she explained why she and her friend did not first test the dye on some hair strands, as the package suggests. [read post]
6 Jun 2021, 7:25 am
After she was admitted, the defendant nurse took her blood pressure four times and noted it was increasing, and additional testing indicated she had protein in her urine. [read post]
27 Jan 2020, 5:51 pm
Therefore, he did not have an obligation to obtain prior films from the plaintiff or advise her to seek further testing. [read post]
31 Aug 2012, 4:29 pm
The plaintiff’s argument was that the appropriate test for liability was that it was foreseeable that water would be brought into the building and that the floor would become slippery and create a hazardous condition. [read post]
28 Aug 2020, 11:43 am
The defendant ordered numerous diagnostic tests and prescribed the plaintiff antibiotics. [read post]
2 Apr 2012, 6:32 am
The plaintiff argued that the recited calculations were so complex that they necessitated a computer, and could not be performed in the human mind. [read post]
9 May 2012, 1:31 pm
Davis, Judge Representing Appellant (Plaintiff/Defendant): Cole N. [read post]
8 Jan 2010, 2:10 pm
When the drug test was revealed to be negative Mr. [read post]
23 Sep 2011, 5:26 am
Such individuals become plaintiffs and are known as "whistleblowers," "qui tam plaintiffs," or "relators. [read post]
26 Jan 2015, 7:00 am
The plaintiffs appealed to the Third Circuit Court of Appeals. [read post]
23 Feb 2012, 7:34 am
So the seemingly large award may be a hollow victory for the plaintiff and her family. [read post]
23 Nov 2011, 7:40 am
Plaintiff based her allegations on independent laboratory testing of certain menu items. [read post]
22 Jul 2008, 2:00 pm
The demonstration to the jury of all the negative data in the evaluation (if defense) or positive data (if plaintiff). [read post]
