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25 Jun 2010, 8:12 am
” He asserted that this “transactional test” provides the clarity that the conduct test and the effects test lacked. [read post]
2 Dec 2012, 4:00 am
[v] Applying that legal test the Court rules that the defendant's double walled glasses did not have the features attributed to them by the plaintiff and therefore were not infringing. [read post]
2 Mar 2012, 10:10 am
So the plaintiffs sued the defendants and their lawyer for damages. [read post]
5 Aug 2013, 4:32 am
Minn. 1998), where the losing defendant admitted that it didn’t intend the title Dairy Queens to refer to plaintiff, and therefore the court found that it could express its ideas in other ways. [read post]
3 Apr 2014, 11:03 am
Students invariably ask whether the tests make a difference. [read post]
26 May 2017, 10:15 am
Instead, the court aggregates two tests. [read post]
23 Oct 2017, 5:44 am
[The plaintiff] could not, until the third day, have known whether he had won or lost. [read post]
6 Feb 2008, 2:39 pm
Supreme Court will consider a case testing the scope of the False Claims Act (FCA), 31 U.S.C. [read post]
21 Jul 2022, 1:29 pm
Plaintiffs allege that IA has already scanned 1.3 million books and plans to scan millions more. [read post]
21 Jul 2022, 1:29 pm
Plaintiffs allege that IA has already scanned 1.3 million books and plans to scan millions more. [read post]
9 Sep 2007, 11:35 pm
Absent such expert testimony, any inference by the jury that minimal damage to the plaintiff's car translates into minimal personal injuries to the plaintiff would necessarily amount to unguided speculation. [read post]
24 Nov 2021, 7:19 am
” Publicly testing his appellate/Conlaw chops and hell-raising skills, he took his own lawsuit to the Ninth Circuit. [read post]
10 Nov 2009, 10:10 am
The burden would then shift to the defendant to demonstrate either that the RPM is actually and not just theoretically procompetitive or that the plaintiff's characterization of the market was erroneous. [read post]
24 Dec 2013, 8:30 am
If the plaintiff cannot do so, the case is dismissed immediately and the plaintiff must pay the defense attorneys’ fees. [read post]
12 Feb 2007, 10:02 pm
Plaintiff Joseph DeSantis contended that his former business partners at Essential Products Inc. in Lakewood, N.J., got rid of e-mails that would have bolstered his claims that they conspired with company counsel to push him out after a 2000 merger with Transfer Flow International of Chico, Calif. [read post]
18 Mar 2013, 6:07 am
Rather, the hallmarks of scientific research are continuous inquiry, testing, debate, disagreement, and revision. [read post]
19 Jan 2022, 11:42 am
The relevant date here was December 3, 2016, and the consumer plaintiffs adequately alleged at least two false representations after then. [read post]
5 May 2023, 8:47 am
We’re still working through the first wave of litigation testing Congress’ poor handiwork. [read post]
10 Jan 2014, 7:51 am
Maltese has chosen to ignore them… [59] I am satisfied that the first stage of the test in Gregory has been met: I have no difficulty concluding that Mr. [read post]
20 Jan 2020, 2:55 pm
The Kings County jury agreed but found plaintiff bore some responsibility too and it apportioned fault 75% to the defendant and 25% to the plaintiff. [read post]
