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20 Dec 2016, 7:36 pm
Based on its analysis, Customs found no substantial transformation.The first issue the plaintiff raised is that Customs’ focus on the LED’s and “essential character” is not part of the test for substantial transformation. [read post]
20 Dec 2016, 11:51 am
Maryland medical malpractice plaintiffs can seek economic and non-economic damages. [read post]
20 Dec 2016, 11:27 am
The plaintiffs spent 20 years in prison for the 1985 rape and murder of Helen Wilson, but DNA testing conducted in 2008 revealed that the murder was actually committed by another individual, Bruce Allen Smith. [read post]
20 Dec 2016, 11:27 am
The plaintiffs spent 20 years in prison for the 1985 rape and murder of Helen Wilson, but DNA testing conducted in 2008 revealed that the murder was actually committed by another individual, Bruce Allen Smith. [read post]
20 Dec 2016, 8:42 am
Plaintiff in Quinn v. [read post]
19 Dec 2016, 7:54 am
Ultimately, the court determined that the plaintiff presented enough evidence on two of the claims to proceed. [read post]
19 Dec 2016, 7:54 am
Ultimately, the court determined that the plaintiff presented enough evidence on two of the claims to proceed. [read post]
19 Dec 2016, 6:04 am
According to Lord Neuberger in Best Buy at para 18, this is an objective test. [read post]
19 Dec 2016, 2:00 am
” Where the two tests are in conflict, the risk-utility test wins out. [read post]
19 Dec 2016, 2:00 am
” Where the two tests are in conflict, the risk-utility test wins out. [read post]
18 Dec 2016, 10:02 pm
The answer it gave — that a class with 20+/- mostly big members may not pass the test — could reshape how courts handle antitrust cases worth billions of dollars. [read post]
18 Dec 2016, 6:53 pm
Although Platnick dealt with a plaintiff who served the legal industry, rather than being a member of i [read post]
16 Dec 2016, 11:39 am
Specifically, plaintiffs asserted that Home Depot failed to have a firewall, a properly maintained malware and antivirus software, and a policy to regularly test the network and delete cardholder data. [read post]
16 Dec 2016, 11:03 am
Lowe, 112 Ohio St.3d 507, 2007-Ohio-606, 861 N.E.2d 512 (Unless a law challenged on due-process grounds restricts the exercise of a fundamental right, courts apply a rational-basis test, and the law is constitutional if it is reasonably related to a legitimate governmental interest.) [read post]
16 Dec 2016, 10:15 am
” The current plaintiffs allegedly seek damages of over $1 million each, citing lost business and wages due to the closures. [read post]
16 Dec 2016, 3:17 am
The Court laid out then a three-part test to determine whether a particular character is protected by copyright: the character must have "physical as well as conceptual qualities," the character must be "sufficiently delineated" to be recognizable as the same character whenever it appears, and the character must be "especially distinctive" and "contain some unique elements of expression. [read post]
15 Dec 2016, 1:09 pm
Board of Ed. (1968) test]: A social media platform amplifies the distribution of the speaker’s message — which favors the employee’s free speech interests — but also increases the potential, in some cases exponentially, for departmental disruption, thereby favoring the employer’s interest in efficiency. [read post]
15 Dec 2016, 11:29 am
The plaintiff employee of West Kern Water District worked as a cashier at the district’s office. [read post]
15 Dec 2016, 7:35 am
Going forward, unsuccessful efforts to implement agency oversight by requiring a majority vote by Commissioners before commencing or intervening in litigation that involves multiple plaintiffs or systemic or pattern or practice allegations, as well as public posting requirements about the litigation and the votes, may be revitalized and enjoy much better odds of becoming law. [read post]
14 Dec 2016, 6:02 pm
The plaintiff in Ortiz v. [read post]
