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8 Mar 2017, 8:15 am
But the test of whether California law applies involves numerous factors, including: A company is headquartered in the state. [read post]
7 Mar 2017, 8:16 am
The court held that the McDonnell-Douglas burden-shifting framework does not apply to First Amendment retaliation claims, which are governed by a more plaintiff-friendly standard. [read post]
7 Mar 2017, 7:06 am
This may require drilling of test wells to determine the extent of subsurface contamination. [read post]
7 Mar 2017, 6:52 am
Plaintiff focused on the first requirement, and noted that while the Navy did rigorously test the product, it was already widely available commercially. [read post]
7 Mar 2017, 4:00 am
Under this test, the proper inquiry is whether the intention, purpose or motive of the non-party in putting the named party forward was to avoid liability for costs. [read post]
6 Mar 2017, 4:26 pm
What if a foreign plaintiff buys stock in a foreign company whose securities are cross-listed on U.S. exchanges? [read post]
6 Mar 2017, 2:48 am
Defamation that does not satisfy the “per se” test is known in Virginia as defamation per quod. [read post]
5 Mar 2017, 3:33 pm
In analyzing American’s preemption argument, the court applied the three-factor test developed by then-District Judge Sotomayor in Rombom v. [read post]
3 Mar 2017, 3:06 pm
Consequently, this element of the Grable test was satisfied. [read post]
3 Mar 2017, 11:54 am
The court then affirmed dismissal of SLFPA-E’s negligence and strict liability tort claims on the basis that defendants owed no duty to this particular plaintiff under the Louisiana test. [read post]
3 Mar 2017, 11:54 am
The court then affirmed dismissal of SLFPA-E’s negligence and strict liability tort claims on the basis that defendants owed no duty to this particular plaintiff under the Louisiana test. [read post]
3 Mar 2017, 11:54 am
The court then affirmed dismissal of SLFPA-E’s negligence and strict liability tort claims on the basis that defendants owed no duty to this particular plaintiff under the Louisiana test. [read post]
3 Mar 2017, 11:54 am
The court then affirmed dismissal of SLFPA-E’s negligence and strict liability tort claims on the basis that defendants owed no duty to this particular plaintiff under the Louisiana test. [read post]
3 Mar 2017, 11:38 am
… The test going forward is whether evidence is ‘relevant to any party’s claim or defense,’ not whether it is ‘reasonably calculated to lead to admissible evidence. [read post]
3 Mar 2017, 11:33 am
Because Florida courts have not established a bright-line test to resolve the procedural-substantive question, the law is a morass of conflicting definitions and principles. [read post]
3 Mar 2017, 8:17 am
Plaintiff hired an engineering expert witness. [read post]
2 Mar 2017, 12:44 pm
Illinois law applies a “totality of the circumstances” test to determine whether a transaction occurs within the state, and the court noted that given the novel technology at issue in this dispute, there was little guidance concerning such cloud-based transactions of this type. [read post]
2 Mar 2017, 12:36 pm
Applying a foreseeability test to consider this exception, the appellate court stated that the plaintiffs did not show evidence of a third-party injury from a car accident caused by the employee’s work. [read post]
2 Mar 2017, 12:36 pm
Applying a foreseeability test to consider this exception, the appellate court stated that the plaintiffs did not show evidence of a third-party injury from a car accident caused by the employee’s work. [read post]
2 Mar 2017, 9:19 am
Plaintiffs appealed to the First Department. [read post]
