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2 Mar 2017, 7:07 am
These four trials will act as a testing ground for more than 15,000 lawsuits pending against the drug’s manufacturer and distributor. [read post]
2 Mar 2017, 6:55 am
However, the FLSA’s fee-shifting provision only applies to prevailing plaintiffs, not defendants. [read post]
1 Mar 2017, 2:33 pm
Department of Justice signed off on the maps, but the plaintiffs in today’s case argue that the architects of the maps engaged in racial gerrymandering. [read post]
1 Mar 2017, 1:55 pm
Not surprisingly, defendant wants to rebut this testimony.So defendant sends out a discovery demand that plaintiff submit to testing by its own vocational rehabilitation expert, who will take no more than two hours with plaintiff and conduct an "interview and administration of written examination, including interest testing and aptitude testing to examine plaintiff with respect to his employment history, prospects and interests. [read post]
1 Mar 2017, 12:41 pm
But that theory was tested in Texas, and found to fail. [read post]
1 Mar 2017, 10:50 am
On the sixth day and the day of his death, the medical staff finally arrives, tests for reflexes and of course there are none because he is paralyzed and dead or dying. [read post]
1 Mar 2017, 6:29 am
On the other hand, the plaintiff argued that the paramedic did not properly administer or interpret the results of the Glasgow Coma Scale test. [read post]
1 Mar 2017, 5:00 am
Two confidential witness statements from Fitbit data contractors reported Fitbit’s internal testing revealed the heart rate technology was inaccurate. [read post]
1 Mar 2017, 3:07 am
(Remember: the test for overturning a trial judge’s findings based on the credibility of witnesses is the “clear and convincing evidence” test.) [read post]
28 Feb 2017, 3:44 pm
Driver Hits Parked Cars in Novato Collision Hi, I’m Ed Smith, a Novato car accident lawyer. [read post]
28 Feb 2017, 2:38 pm
Round two of litigation went to the NRA and other original plaintiffs. [read post]
28 Feb 2017, 3:43 am
” At Empirical SCOTUS, Adam Feldman tests the theory that the U.S. [read post]
27 Feb 2017, 6:53 am
Yet, until this recent case, the Quality Assurance Act’s protections had not yet been tested. [read post]
27 Feb 2017, 6:53 am
Yet, until this recent case, the Quality Assurance Act’s protections had not yet been tested. [read post]
27 Feb 2017, 6:25 am
In pretrial rulings, the court found the “but for” causation test was appropriate in this case, but that it was not appropriate to apply contributory negligence against the plaintiff. [read post]
26 Feb 2017, 9:01 pm
The plaintiffs were lawful permanent residents, two of whom employed at the University of Massachusetts-Dartmouth. [read post]
26 Feb 2017, 6:37 pm
In doing so, they applied the following test, [180] To impose liability on the defendant for the tort of passing off the plaintiff must satisfy me that: a) it enjoys goodwill attached to the educational services it provides; b) its services have acquired a distinctiveness in the marketplace; c) the defendant has caused confusion by intentionally or otherwise misrepresenting its services as those of the plaintiff; and d) the plaintiff is likely to suffer damage as… [read post]
26 Feb 2017, 11:01 am
Jan. 22, 2014) (finding DNA test results unreliable to support plaintiff’s claim that the cocker spaniel in dispute was a mixed breed). [read post]
26 Feb 2017, 7:10 am
This, he opined, was what caused the plaintiff to be unable to stop. [read post]
26 Feb 2017, 4:00 am
Even were this not the case, there is nothing in the law of passing off that requires the plaintiff to establish its continuous and unvarying use of the indicia. [read post]
