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14 Mar 2016, 12:38 pm
The plaintiffs argue that the USDA requires pork and beans products to contain at least 12 percent pork in order to advertise pork on its labels, and that plaintiffs’ testing did not show any traces of pork in the product. [read post]
17 Jun 2014, 6:49 am
First, arbitration-free plaintiffs could be recruited to litigate test-cases, with favorable judgments used to support future arbitrations. [read post]
12 May 2011, 6:46 am
Justice Shabbits dismissed the lawsuit finding that even if the lighting was inadequate for the conditions it did not cause the assault using the “but for” test. [read post]
7 May 2009, 11:03 pm
Plaintiff filed suit requesting injunctive relief and damages, claiming Dr. [read post]
2 Apr 2008, 3:00 pm
Moreover, a plaintiff who shows literal falsity can show damages without showing that the public was actually misled; a plaintiff who shows misleadingness can provide evidence of public deception to establish standing. [read post]
16 Jun 2011, 7:09 am
(Witkin, 6 Summary of California Law, 9th edition, Torts, section 761) This standard was tested in New v. [read post]
4 Dec 2009, 9:16 am
Indeed, according to the News Herald, Smoak has to watch in order to test the accuracy of the allegations. [read post]
8 Oct 2018, 5:12 pm
Based on these facts, the court granted summary judgment for the plaintiff…. [read post]
27 Jun 2012, 7:07 am
" "The defendant argued that the plaintiffs’ Boston firm, Goodwin Procter, should be disqualified because the two attorneys had received information in that meeting that was directly relevant to whether its own technology, a pregnancy test, infringed on the plaintiffs’ patent. [read post]
30 Mar 2008, 6:20 am
Thus the fact that previously, as a prisoner, plaintiff had filed 35 federal court actions did not limit his ability to bring this lawsuit.Finding, however, that "a person who is civilly committed is in a position analogous to a criminally confined prisoner," the court applied the tests of Turner v. [read post]
6 Apr 2012, 2:25 pm
A number of red flags were raised by the expert's methodology, including reliance on anecdotal evidence, improper extrapolation, failure to consider other possible causes, and a lack of testing. [read post]
19 Mar 2008, 1:38 am
Premier argued that Avante lacked standing, regardless of whether the court adopted a requirement of direct competition or the Conte Bros. test. [read post]
5 May 2010, 7:28 am
Here, the Court of Appeals determined that plaintiff was not acting simply as a retailer of bus parts, but was selling remanufacturing services that included disassembling, removing, repairing, inspecting, reconditioning, rebuilding, replacing, restoring, painting, servicing, cleaning, testing, and reassembling various components and parts of the buses. [read post]
18 Nov 2011, 1:24 am
Adamushko and the other plaintiffs are all alleging that “Levaquin is defectively designed, inadequately tested, dangerous to human health and lacks proper warnings as to the dangers associated with its use. [read post]
24 Mar 2010, 3:41 am
The allegations that plaintiff's decisions were unreasonable are based on hindsight, As to breach of fiduciary duty, defendants' contention that plaintiff prolonged the litigation for purposes of "churning" the case to increase the legal fees is speculative and conclusory. [read post]
5 Feb 2020, 8:27 am
The plaintiff was a tow truck driver responding to the scene of an accident involving a disabled semi-truck accident. [read post]
2 Mar 2007, 1:04 am
Some of the new pleadings met the test of the earlier rulings, and thus, while some of the other allegations such as "under the radar" market timing and late trading might not demonstrate the scienter necessary to prevail, the plaintiffs have stated a sufficient basis for the suit to survive against those defendants. [read post]
4 May 2007, 1:34 am
Louis, -- So. 2d --, 2007 WL 1285836 (Fla. 2007), a plaintiff's lawyer not only agreed not to represent future Benlate plaintiffs against DuPont but also entered into a secret "engagement agreement" to be hired by DuPont for a $6,445,000 fee, while still representing Benlate plaintiffs. [read post]
2 Jan 2008, 5:31 am
Plaintiffs countered that the ripeness test was satisfied because of the substantial lead time required to come into compliance with the regulation in advance of its enforcement. [read post]
16 Jul 2020, 6:33 am
To determine whether a detainee’s constitutional rights have been violated by a jail or prison, the court applies the “legitimate penological purposes” test from Turner v. [read post]
