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26 May 2020, 7:07 am
Plaintiffs in the pending lawsuits allege misconduct related to the Big Kid Booster Seat; specifically, the lawsuits claim Evenflo deceptively advertised, marketed, and labeled the booster seat as safe for children under 40 pounds, as exceeding governmental testing standards, and as “side impact tested” when the company’s own testing showed a demonstrable lack of safety and significant potential for injury. [read post]
16 Sep 2010, 8:00 am
Harley did not issue any orders to increase the blood tests that Mr. [read post]
22 Dec 2010, 6:55 am
The test has several steps: [38] a. [read post]
24 Feb 2010, 5:25 pm
The Court found that Plaintiff failed to show that Garcia had access to “Karma! [read post]
31 Jul 2024, 11:39 am
The company’s legal woes play an interesting role in the plaintiff’s complaint. [read post]
25 Nov 2008, 12:07 pm
The Circuit Court similarly concluded that predominance test was not met for the remaining class action claims: “Even assuming that the Automobile Dealer's Day in Court Act, breach of contract, and breach of the covenant of good faith and fair dealing claims are all based on a single franchise agreement and single course of conduct, we cannot ignore the non-common issues that would require consideration in order to resolve plaintiffs' claims. [read post]
31 Jan 2011, 1:19 pm
The Court instead applied the test from the Administrative Procedures Act, “under which a plaintiff may not sue unless he falls within the zone of interests sought to be protected by the statutory provision whose violation forms the legal basis for his complaint. [read post]
22 Aug 2008, 9:50 am
(The court suggested that the third prong of the nominative fair use test, whether defendants did anything else to suggest source or sponsorship, might require a full-scale confusion analysis. [read post]
22 Jan 2008, 1:25 pm
The district court reasoned the MDC policy is unreasonable under the Fourteenth Amendment using the four-part test established by Turner v. [read post]
12 May 2023, 4:00 am
The plaintiffs appealed the decision, insisting that the defendant had breached his duty of care by not ordering further cardiac tests. [read post]
6 Jul 2020, 4:30 am
At the time the complaint was filed, he had not yet tested positive for COVID-19 but “fears becoming infected and spreading the disease to others. [read post]
24 Nov 2010, 7:06 am
California has adopted the "substantial factor" test for proving cause-in-fact, or actual cause, in negligence cases. [read post]
21 Jul 2010, 6:32 am
It would be bad public policy to discourage parties from filing early motions to test the legal sufficiency of claims. [read post]
10 Mar 2010, 5:34 am
This does not mean that the defendant must accept plaintiff's demand. [read post]
4 Jul 2023, 4:05 pm
This Article defends the simplest resolution to this problem: Courts should use the same “zone-of-interests” test that they have developed to determine whether a plaintiff can invoke the Administrative Procedure Act’s statutory cause of action to determine whether a plaintiff can invoke nonstatutory review for injunctive relief to enforce a constitutional provision. [read post]
16 May 2011, 8:19 pm
Specific causation means that the plaintiff must show that the chemical in fact caused the injury suffered by plaintiff. [read post]
7 Sep 2011, 1:46 am
A pathologist later testified that tests confirmed the diagnosis. [read post]
17 Oct 2011, 6:33 am
Gillian Smith alleges that she was negligently notified that she did not test positive for a highly contagious strain of staphylococcus ("MRSA"), causing her to fail to take precautionary measures and to "unknowingly expose her family, including her daughter, the minor plaintiff, Natalie Smith, to the MRSA, resulting in the daughter's hospitalization. [read post]
25 Oct 2011, 10:06 am
Specifically, the ALJ determined that Plaintiff did not suffer from any "severe" physical impairment, noting that diagnostic tests had not been performed in response to her complaints of pain, those complaints were "sporadic and generally short lived," and she did not mention physical problems during the hearing. [read post]
10 Nov 2017, 5:41 am
Under the Rales test, where a putative derivative plaintiff alleges demand futility, in order to avoid dismissal, the shareholder must point to particularized allegations in its complaint raising reasonable doubt that a majority of the board could impartially consider a demand to sue. [read post]
