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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]
24 Apr 2017, 7:42 am
To proceed in a challenge to this claim, Kwan would apparently need to allege “that one or more of the authorities alluded to actually studied or tested the formula SeroVital contains and found that it does not produce a 682% mean increase in HGH levels, or that Plaintiff herself did not experience such an increase when using the product, or that a study exists somewhere demonstrating that a 682% increase is categorically impossible to achieve in an over-the-counter… [read post]
24 Apr 2017, 7:37 am
” Why is this not a poor woman’s confusion test? [read post]
24 Apr 2017, 7:23 am
” Tyrrell and Nelson cannot meet the second part of the Daimler test either, the company stresses, because – as a Delaware corporation with its principal place of business in Texas – BNSF is not “at home” in Montana. [read post]
24 Apr 2017, 5:00 am
.), the court addressed the "quantity" part of the quantity/quality test for determining whether a corporation regularly conducted business in a particular county for proper venue purposes.In this case a Bradford County resident filed suit in Lackawanna County against a Bradford County ambulance driver and his Bradford County employer for injuries allegedly arising out of a Bradford County motor vehicle accident.The Defendants file Preliminary Objections challenging venue. [read post]
23 Apr 2017, 12:28 pm
To satisfy the of-and-concerning test, a publication does not need to identify the plaintiff by name, but it does need to identify the plaintiff was sufficient particularity so that people who know the plaintiff would understand the communication to be referring to that person. [read post]
23 Apr 2017, 8:01 am
When he went to test the electrical connection to the starter, the vehicle ran over him and dragged him through the parking lot. [read post]
22 Apr 2017, 7:41 am
The test for “without authorization” is the same under both the CFAA and the SCA. [read post]
21 Apr 2017, 6:03 am
LeFevre are the only factors to consider, what is the burden on a plaintiff to establish that an employer’s beliefs are sincerely held? [read post]
21 Apr 2017, 5:00 am
Founded in 2003 by defendant Elizabeth Holmes, Theranos purported to have developed proprietary technology that would allow commercial pharmacies to run a multitude of highly accurate blood tests from a few drops of a patient’s blood. [read post]
20 Apr 2017, 11:22 am
The court noted competing tests as to the application of California law, but found that the plaintiffs’ claims failed under either standard. [read post]
20 Apr 2017, 11:15 am
So by protesting in Louisville, Nwanguma and her two co-plaintiffs were subject to lawful removal. [read post]
20 Apr 2017, 10:42 am
Akers granted Pulse an exclusive and perpetual license to use the relevant tech in the field of aldehyde tests, which included any testing for oxidative stress, but excluded tests relating to diabetes, cancer, and alcohol. [read post]
20 Apr 2017, 8:00 am
It was stated that here, there is certainly a question of material fact as to whether Gilbane should have known that plaintiff was performing electrical tie-ins without proper personal protective equipment. [read post]
20 Apr 2017, 7:04 am
Further, said the court, in Christiansen, the panel remanded to the district court after concluding that the plaintiff had stated a plausible claim of “gender stereotyping,” which is actionable under Title VII. [read post]
19 Apr 2017, 1:54 pm
This is a medico-legal test in order to recover compensation. [read post]
19 Apr 2017, 10:32 am
It’s possible that discovery could help, but the real test will come before then — when the Trump administration files its motions to dismiss. [read post]
19 Apr 2017, 4:42 am
Mar. 7, 2017) the Court writes: And while there is no doubt that a “tester” plaintiff can have standing under the ADA, Betancourt, 735 F. [read post]
18 Apr 2017, 2:41 pm
March 6, 2017) (redistricting map could be found to be an unconstitutional partisan gerrymander if plaintiffs satisfied the three-part test)) and in North Carolina (Harris v. [read post]
18 Apr 2017, 10:26 am
” Because the lower courts did not abide by that standard, the award of $2.7 million in attorney’s fees for the plaintiffs could not stand. [read post]
