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2 Feb 2017, 6:40 am
The plaintiff won and soon, an astounding number of asbestos lawsuits emerged throughout the U.S. [read post]
2 Feb 2017, 6:19 am
But keep testing to rule out sepsis. [read post]
2 Feb 2017, 6:19 am
But keep testing to rule out sepsis. [read post]
1 Feb 2017, 2:35 pm
The opinion reads very much like one authored by Scalia, opening with the entertaining line, “This case has but little to do with bankruptcy,” and offering animated, almost theatrical back-and-forth discussions of the appellant’s alternative “factually intertwined” test and other challenges. [read post]
1 Feb 2017, 11:31 am
Enlarge (credit: Getty Images) Late Tuesday night, the plaintiff’s committee suing Volkswagen Group on behalf of customers who bought 3.0L diesel vehicles announced that it struck a deal with VW Group to compensate the owners of approximately 75,000 vehicles. [read post]
31 Jan 2017, 5:48 pm
Ct. at 774 n.11 (citing Maryland Cas., 312 U.S. at 273 (insurance case), and Aetna, 300 U.S. at 239 (same)).(...)Having concluded that MedImmune displaced the jurisdictional test we announced in Cardtoons, the question remains what test replaces it, in light of MedImmune, and whether Surefoot UT can meet that test in this case. [read post]
Despite Failure to Employ “Best Practices,” Lack of Sufficient Prejudice Results in Lesser Sanctions
31 Jan 2017, 1:03 pm
Regarding the A/B testing, the Court cited amended Rule 26(b)(1) for the proposition that Plaintiff was “only entitled to discover information that is relevant to the parties’ claims or defenses and that is proportional to the needs of the case,” and went on to reason that in light of Defendant’s assertion that it had produced all relevant tests, the Court could not sanction Defendant “solely because the [plaintiff] asserts… [read post]
31 Jan 2017, 12:24 pm
Lastly, regarding Baker’s Title VII claims, the court found that Aetna was not an employer of Baker under the “single employer” test or the “hybrid economic realities/common law control” test. [read post]
31 Jan 2017, 10:33 am
Tiffanyheld that “a defendant may lawfully use a plaintiff’s trademark where doing so is necessary to describe the plaintiff’s product and does not imply a false affiliation or endorsement by the plaintiff of the defendant. [read post]
31 Jan 2017, 8:40 am
Though a “physical-presence” test is absent from the text of the FSIA, Ethiopia encourages the D.C. [read post]
31 Jan 2017, 8:17 am
Courts have separated this test into two individual prongs: (1) the threshold of “minimum contacts,” and (2) whether the exercise of jurisdiction on the basis of those contacts is “constitutionally reasonable. [read post]
31 Jan 2017, 8:00 am
According to the plaintiffs, the surgeon should have timely transferred her to the ICU and ordered testing, such as an ultrasound, to diagnose the cause of the infection. [read post]
31 Jan 2017, 7:18 am
Instead, the court ruled that, in such a situation, the trial court has the discretion to conduct a balancing test under Tennessee Rule of Evidence 403 to determine whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice. [read post]
31 Jan 2017, 7:02 am
Even when a plaintiff pleads claims for which there are waivers, there are also exemptions. [read post]
31 Jan 2017, 7:02 am
Even when a plaintiff pleads claims for which there are waivers, there are also exemptions. [read post]
30 Jan 2017, 7:55 am
Here, the defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff’s use of the property violated the Town zoning law, thereby prohibiting the plaintiff from receiving a real property tax exemption pursuant to RPTL 420-a (see Zuckerman v City of New York, 49 NY2d 557, 562). [read post]
30 Jan 2017, 7:12 am
” “Merely because Defendants have opted to market their Competing Device in a fashion similar to Plaintiff, does not make any similarity to Plaintiff’s model a false representation. [read post]
30 Jan 2017, 6:24 am
But the appeals court rejected the Bonnette test and its progeny in an exhaustive opinion in Salinas v. [read post]
30 Jan 2017, 5:00 am
This, according to Beck, arguably supports not only the relevance of the state of art at issue, but also that it is a Plaintiff’s burden to prove these elements under the consumer expectation test. [read post]
30 Jan 2017, 4:51 am
The elements of Texas’s unfair competition by misappropriation claim are: (1) the creation by a plaintiff of a product through extensive time, labor, skill, and money; (2) the use of that product by defendant in competition with plaintiff; and (3) commercial damage to the plaintiff. [read post]
