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1 Aug 2012, 8:30 am
The test is whether the party's conduct was "inconsistent with an intent to invoke arbitration. [read post]
6 Mar 2012, 11:26 am
At that time diagnostic tests were ordered, and he was to be reevaluated for physical therapy after test results. [read post]
29 Nov 2023, 1:12 pm
The Supreme Court must now decide the proper test for lower courts to apply when determining if a prompt post-deprivation hearing is warranted. [read post]
2 Aug 2011, 9:36 pm
In sorting out the balance, the court relied on a legal test established in 2010 Ontario defamation case that similarly involved anonymous online postings. [read post]
6 Apr 2023, 12:15 am
Judge Klausner applied the test enunciated by the U.S. [read post]
7 Feb 2011, 5:00 am
The complaint alleges that O'Neal appears in a promotional video for the bracelets and states that he was the subject of kinesiology tests, that he can verify the accuracy of the tests and that the bracelets will increase "your endurance, your flexibility and your strength. [read post]
7 Sep 2012, 3:15 am
encouragement of the plaintiffs by the defendant owner, 2. [read post]
18 Apr 2011, 12:32 pm
Planning Board of Framingham, the plaintiff developer challenged the defendant planning board's denials of the developer's applications for subdivision approval and for a cluster development special permit. [read post]
18 Apr 2011, 12:32 pm
Planning Board of Framingham, the plaintiff developer challenged the defendant planning board's denials of the developer's applications for subdivision approval and for a cluster development special permit. [read post]
27 Feb 2012, 11:54 pm
Practice point: A case in the Supreme Court marked off or struck from the trial calendar and not restored within one year thereafter is deemed abandoned and will be dismissed for neglect to prosecute, pursuant to CPLR 3404.Student note: A plaintiff seeking to restore a case to the trial calendar more than one year after it has been marked off must demonstrate a potentially meritorious cause of action, a reasonable excuse for the delay in prosecuting the action, a lack of intent to abandon… [read post]
29 Jun 2011, 8:08 am
Hundreds of Toyota injury cases have been consolidated into one Court, the Central District of California, which recently set the first test trial over "sudden acceleration" for February 2013. [read post]
23 May 2017, 8:23 pm
Court of Appeals for the 1st Circuit improvidently applied the heightened “tends to exclude” test to the petitioner’s concerted refusal to deal claim, in circumstances in which it is not warranted, and thus erroneously denied the plaintiff its right to have its case heard by the trier of fact. [read post]
8 Feb 2010, 7:34 pm
The only purpose can be to put another stumbling block in from of plaintiffs. [read post]
17 Nov 2009, 7:52 am
To determine whether the SOX claim was barred, the Court used a transactional test and found that “the two claims rest on ‘the same nucleus of operative facts. [read post]
15 Dec 2009, 8:40 am
Plaintiffs were Austin, Texas-based companies. [read post]
2 Jun 2017, 7:53 am
Food and Drug Administration (FDA) into approving them for another to avoid expensive and time-consuming safety testing. [read post]
17 Feb 2020, 10:01 pm
Case Background In this emissions test class action involving an automobile manufacturer, the plaintiffs proposed...Read the whole entry... [read post]
1 Feb 2017, 11:31 am
Enlarge (credit: Getty Images) Late Tuesday night, the plaintiff’s committee suing Volkswagen Group on behalf of customers who bought 3.0L diesel vehicles announced that it struck a deal with VW Group to compensate the owners of approximately 75,000 vehicles. [read post]
1 May 2011, 3:26 pm
This week in U.S. district court: Tuesday is the filing deadline for the long-awaited plaintiff’s response to the defendants’ dispositive motions in Partington v. [read post]
26 Dec 2016, 8:13 pm
Issues: (1) Whether a defendant’s general business contacts or sporadic and involuntary contacts in the forum state that have no causal connection to the plaintiff’s cause of action can establish specific personal jurisdiction consistent with the Due Process Clause; and (2) whether, under the “effects test” described in Calder v. [read post]