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19 Mar 2022, 1:03 pm
Under the Frye test, a proponent of novel science must demonstrate it is generally accepted among parties working within the applicable discipline in order to justify its admission. [read post]
12 Dec 2016, 6:12 am
The general rule in Florida is that a plaintiff may recover medical bills for any diagnostic testing that is reasonably necessary to figure out whether the accident caused an injury. [read post]
1 Feb 2008, 2:09 pm
The Court found that the five-element test under this theory was met. [read post]
17 Oct 2007, 9:17 am
The Third Circuit's prudential standing test requires consideration of (1) whether the plaintiff's injury was of the type Congress sought to redress in the Lanham Act; (2) the directness of the injury; (3) the proximity of the plaintiff to the injurious conduct; (4) the speculativeness of damages; and (5) the risk of duplicative damages or complex damage apportionment. [read post]
21 Aug 2008, 5:02 pm
Honda case, the Bardal analysis, which considers age, tenure, type of job and availability of comparable employment, among other facts, is still the dispositive test. [read post]
6 Feb 2012, 7:23 am
I’ve now conducted a preliminary supplemental analysis (available here) designed to test the proposition that the majority of plaintiffs in the PCLC are out-of-state without an apparent or substantive connection to either Philadelphia or even the State of Pennsylvania. [read post]
30 Mar 2020, 3:10 am
In this case, the plaintiffs entered into an agreement with the defendant, a travel agency, in terms of which the defendant arranged for the plaintiffs to travel to England as part of a tour to see a test match between the Springboks and England. [read post]
4 Jun 2008, 2:38 pm
Consequently, plaintiffs may not maintain a CFA claim. [read post]
29 Jul 2016, 8:06 am
The court looked at whether the theory or technique presented: Can be tested; Is peer-reviewed; Has a known or potential error rate; Is generally accepted by the scientific community. [read post]
20 Jan 2011, 7:09 am
The results of blood tests performed on the plaintiff in late December 2004 indicated that certain liver enzyme levels were extremely elevated. [read post]
22 Sep 2014, 9:02 am
The court unanimously held that even if the plaintiffs’ claims were true—which the court was far willing to concede—the plaintiffs had no cause of action because they failed to meet the narrow test for a civil extortion claim. [read post]
3 Feb 2011, 3:56 pm
Blood tests after the accident showed his blood alcohol level was 0.09, he said. [read post]
9 Feb 2016, 3:30 am
To resolve the retaliation claim, the court applied what’s known as a burden-shifting test. [read post]
18 Jun 2010, 9:16 am
In this dual-element test, entry of a domestic violence restraining order is not automatic if the plaintiff proves an act of domestic violence occurred. [read post]
16 Nov 2023, 11:58 am
The defendant rheumatologist conducted multiple examinations and tests, issuing reports noting abnormalities. [read post]
2 May 2012, 9:11 pm
Under the contract at issue, the plaintiff agreed to “deliver, assemble, install, test and make fully operational” certain radar and noise monitoring systems. [read post]
23 Aug 2023, 9:12 am
Although the plaintiff showed an objectively serious medical condition, the evidence demonstrated the defendants provided significant diagnostic testing, specialist referrals, medications, wound care, and follow-up per the surgeon’s recommendations. [read post]
6 Jul 2012, 2:00 am
While the plaintiff had sought to enjoin the tender offer, Judge Koh found that the plaintiff was not likely to succeed on the merits of her breach of fiduciary duty claim to the extent that the plaintiff’s claim relies on the alleged unfairness of the merger price. [read post]
19 Mar 2010, 10:43 am
This new test is supposed to be narrower in scope than the current one. [read post]
11 Feb 2007, 8:27 pm
The regular totality-of-the-circumstances test ought to have been used in this case. [read post]
