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24 Jan 2014, 12:57 am
In many jurisdictions, corporate officials sued for their actions undertaken in their corporate capacity may be able to defend themselves in reliance on the “business judgment rule. [read post]
20 May 2011, 5:16 am
Clearly, the plaintiffs could not meet that standard. [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]
26 May 2022, 10:41 am
Some courts also employ the risk-utility test when determining whether a product is defectively designed. [read post]
17 Nov 2021, 12:04 pm
If the test is not met, then the injured Plaintiff receives zero dollars for his/her pain and suffering. [read post]
16 Jan 2015, 11:17 am
The plaintiffs sued him in California. [read post]
7 Aug 2009, 3:58 am
The "predominance" inquiry here thus resembled a mere commonality test. [read post]
27 Jul 2011, 1:50 am
court should satisfy the Morrison standard, now that the “conduct and effects” test has been discarded. [read post]
13 Aug 2012, 3:05 pm
The Third Circuit’s decision delineates the two-part test for FLSA collective actions, which it recently adopted in Symczyk v. [read post]
3 Dec 2018, 4:08 pm
As a general test,… it may be said that when no issue is left for future consideration except the fact of compliance or noncompliance with the terms of the first decree, that decree is final, but where anything further in the nature of judicial action on the part of the court is essential to a final determination of the rights of the parties, the decree is interlocutory. [read post]
21 Feb 2020, 10:37 am
Bethel alleges that Quilling intentionally destroyed key evidence in the case by disassembling and testing the trailer’s brakes before Bethel had the opportunity to either examine them or document their original condition. [read post]
9 Apr 2015, 9:33 am
Thus, many courts have held that if the advertisement generally asserts that a product is superior, but does not explicitly refer to scientific tests as support, the plaintiff still carries the burden to affirmatively prove that the claim is false, i.e., that the defendant’s product is equal or inferior to the plaintiff’s. [read post]
19 Sep 2013, 9:01 pm
Vereb for the test. [read post]
14 Nov 2007, 10:14 am
Under the Ortho test, an above-cost discount would be anti-competitive if the plaintiff proved that it was an equally efficient producer and was excluded only because the defendant sold in more product markets.The downside to the Ortho test, however, is that it does not provide adequate guidance to sellers, because it looks to the costs of potential plaintiffs - to which a potential defendant considering a bundled discount would not have access. [read post]
15 Aug 2011, 3:23 pm
After the Ricci decision came out, the city gave out the promotions mandated by the test, as well as millions in settlements to the plaintiffs and their attorney. [read post]
20 May 2010, 12:20 pm
By Allison Torres Burtka Seattle lawyer Bill Marler has taken food safety into his own hands: A year and a half ago, Marler, who represents plaintiffs in tainted-food cases, hired a lab to test 5,000 samples of ground beef from grocery stores in six states for (non-O157:H7) E. coli, and the testing is almost complete. [read post]
13 Jan 2016, 7:21 am
Accordingly, the district court erred in failing to apply the rule when it granted summary judgment in favor of the plaintiff. [read post]
28 Jun 2007, 6:04 am
Instead, the Eleventh Circuit adopted the five-part test for prudential standing set forth by the Third Circuit in Conte Bros., noting that the Fifth Circuit had adopted this test as well. [read post]
30 Sep 2024, 9:55 am
An appraisal was required by the plaintiff’s bank to resolve a settlement or to negotiate a discounted payoff. [read post]
19 May 2011, 9:09 am
Not only that, it filed a counterclaim against the plaintiff, seeking damages from her for her violations of CFAA. [read post]
