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27 Feb 2023, 10:03 pm
Unum denied the appeal in July 2021, stating that neuropsychological tests “demonstrated essentially normal cognitive functioning,” and that “Mr. [read post]
14 Jun 2010, 8:03 am
In an order addressing various motions in limine filed by the parties, Judge Farnan granted plaintiff's motion to preclude defendant from introducing any evidence or argument related to plaintiff's pre-suit investigation and testing "as it relates to the use of evidence of the attorney-cleient privilege to create a negative inference. [read post]
23 Dec 2009, 4:33 am
One must wonder if the recent spate of Canadian rulings that have required injured Plaintiffs to disclose personally-sensitive online materials may ultimately cause a litigation chill that could have potential Plaintiffs thinking twice before commencing proceedings? [read post]
21 Aug 2007, 3:00 pm
Sprint Spectrum L.P. (2007) 150 Cal.App.4th 1136, in which the Fourth District Court of Appeal held that Proposition 64 created a two-part, standing test, and applied that test to bar claims by plaintiffs who were unable to show that the defendant had attempted to enforce the unlawful and unconscionable provisions in their agreements. [read post]
3 Sep 2013, 8:00 am
Disagreeing with this narrow test, the Court held: In these circumstances, rather than applying a presumption of deceit, judicial estoppel requires an inquiry into whether the plaintiff’s bankruptcy filing was, in fact, inadvertent or mistaken, as those terms are commonly understood. [read post]
2 Dec 2012, 11:55 am
Burns, a frequent testifier for plaintiffs’ counsel in tobacco cases. [read post]
25 Nov 2008, 6:15 pm
The courts, at least in the Second Circuit, will continue to use a case by case test. [read post]
3 May 2009, 11:11 pm
CashCall stated that class action plaintiffs who never had standing should not necessarily be treated less favorably than class action plaintiffs who once had but then lost standing, and that the Parris weighing test should apply in both circumstances. [read post]
20 Dec 2015, 4:00 am
In its defense, Mechanic Shop calls its Manager to testify that before Plaintiff picked up the car, a Mechanic personally tested the brakes to ensure that they worked properly. [read post]
18 Feb 2013, 6:02 am
When plaintiff correctly pointed out that the prudential standing test of Phoenix of Broward etc. supposedly provides for standing for noncompetitors, the court rejoined that Gordon & Breach’s widely adopted test for “commercial advertising and promotion” still isn’t satisfied—which is just another doggone reason that the prudential standing test in most circuits is so misguided, as I’ve noted before. [read post]
2 May 2022, 7:48 am
And having a claims-made fund was acceptable even if plaintiff got to take the remaining money back. [read post]
11 Sep 2015, 3:57 pm
” In this case, plaintiff Akamai Technologies, Inc. owned a patent covering methods of delivering content over the Internet. [read post]
5 Apr 2008, 3:02 pm
Plaintiffs' attorneys are just beginning to attack the test in court. [read post]
28 Feb 2014, 3:02 am
The Court further observed that, because judgment dismissing the complaint had been entered, plaintiff's recourse was to seek to vacate the Court's decision and judgment based on the existence of the new diagnostic test and expert's affidavit (CPLR 5015[a][2]). [read post]
21 Feb 2014, 1:27 pm
Darden, 503 U.S. 318 (1992), and the Third Circuit has adopted the test for Title VII and other laws. [read post]
2 Oct 2014, 11:00 am
Steve Bradford nails it: Weinberger says that the two elements of fairness [fair dealing and fair price] must be considered together, that “the test for fairness is not a bifurcated one between fair... [[ This is a content summary only. [read post]
19 Oct 2023, 8:29 am
” “It is the test for determining the causal relationship between an accident and an ensuing injury. [read post]
31 Jul 2008, 8:53 am
Allstate timely denied payment of plaintiff medical provider's $958.32 bill for psychiatric evaluation and testing services. [read post]
13 Jun 2013, 9:44 am
Plaintiff sought sanctions for Defendant’s failure to preserve. [read post]
28 Sep 2010, 3:08 am
Plaintiff alleged a likelihood of confusion with its registered mark CRUSH for non-alcoholic beverages. [read post]
