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17 Dec 2013, 11:57 pm
Figure 1: Settlement Timing—By Phase of Litigation (Settlements in cases filed 2000-2010) At first glance, the fact that these cases do not settle earlier may be surprising, since the assets available for recovery by the plaintiff class and the plaintiffs’ attorney shrink as the case proceeds. [read post]
23 Sep 2018, 4:03 pm
Consider the spectacle of having anti-tobacco activists and tobacco plaintiffs’ expert witnesses assert that the American Law Institute had an ethical problem because Institute members included some tobacco defense lawyers.1 Somehow these authors overlooked their own positional and financial conflicts, as well as the obvious fact that the Institute’s members included some tobacco plaintiffs’ lawyers. [read post]
5 Jan 2017, 2:09 pm
An important feature of a functional test is that it leaves courts room to reach a different conclusion in other circumstances. [read post]
14 May 2014, 10:13 am
If the test case comes out wrong, the thinking goes, we can re-litigate in one of the suspended cases. [read post]
9 Jul 2013, 2:08 pm
A compelling governmental interest is part of the strict scrutiny test. [read post]
27 Mar 2023, 4:00 am
On one hand, various Justices seemed skeptical of the argument for plaintiff Jack Daniel's that the Court should completely reject the test used by the Ninth Circuit and originally developed by the Second Circuit--under which the First Amendment imposes a threshold requirement for plaintiffs asserting that expressive works infringe trademarks. [read post]
9 Oct 2014, 7:33 am
In 2005 a trial was finally held and a jury awarded the plaintiffs $19 million. [read post]
26 Dec 2016, 9:35 am
Plaintiffs sue a defendant that does not exist. [read post]
9 Jun 2017, 7:55 am
Cir.2001).Under the first two parts of the test, as applied in thepatent context, the question is what minimum contactsare necessary to establish personal jurisdiction over anonresident defendant for a declaratory judgment ofnoninfringement or invalidity of a patent. (...)Under the third part of the test, however,this court has held that it is improper to predicatepersonal jurisdiction on the act of sending ordinary ceaseand desist letters into a forum, without more. [read post]
23 Feb 2021, 1:31 pm
Test of New Law Proctorio’s legal attack on Ian Linkletter is meritless. [read post]
9 Jul 2013, 2:08 pm
A compelling governmental interest is part of the strict scrutiny test. [read post]
8 Dec 2020, 1:30 pm
Also, injunctive relief remains possible if plaintiffs plead a cognizable, imminent future harm. [read post]
8 Apr 2013, 2:50 am
The United States Supreme Court clarified this test in Summers v. [read post]
8 Apr 2013, 2:50 am
The United States Supreme Court clarified this test in Summers v. [read post]
10 Jun 2013, 11:05 am
”See also here, on the “full appreciation” test. [read post]
11 Jul 2017, 1:31 pm
The test over the Pacific Ocean on Tuesday was the 14th consecutive successful test of the technology, a 100 percent success ratio to date. [read post]
23 Jul 2015, 8:33 am
In fact, she alleged, no credible diagnostic testing of her, or any other customer’s, computer was actually conducted. [read post]
5 May 2009, 7:38 am
Is the antitrust bar (or the plaintiff's side of it) a proper stakeholder to consider? [read post]
21 Aug 2015, 7:09 am
After the accident, however, an autopsy as well as blood and urine tests were conducted, and the tests revealed the presence of THC – the active ingredient in marijuana. [read post]
6 Feb 2012, 5:55 am
Employers considering unpaid internship programs, and those that already have them, however, should beware – the Department of Labor and plaintiffs’ employment counsel are watching. [read post]
