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24 Jan 2011, 6:47 pm
Alidina, because Alidina hd failed to advise the plaintiff of the results of mammogram testing. [read post]
27 Aug 2021, 9:08 am
Plaintiffs commissioned a second test at Clemson University which, again, allegedly revealed shocking failure rates. [read post]
17 Jul 2018, 6:17 am
” The district court also criticized the plaintiff for attempting to “hide behind its own refusal to analyze its patents critically”; suggested that the plaintiff would have been wise to litigate a “test case” rather than aggressively pursue 14 simultaneous lawsuits; and noted that the plaintiff “could have waited to issue overarching discovery requests. [read post]
25 Jan 2012, 2:57 pm
In a “tests prove” / establishment claim case, the plaintiff meets its burden by showing that the test cited in the ad is not sufficiently reliable to support the advertising claim. [read post]
27 Jul 2013, 11:55 am
No field sobriety test was administered. [read post]
30 May 2015, 9:47 am
In particular, plaintiffs argued Atlas violated 42 U.S.C. [read post]
22 Jul 2008, 9:12 pm
In a case of first-impression, the Sixth Circuit held that the burden-shifting framework (commonly referred to as the McDonnell Douglas/Burdine test) used in cases brought under Title VII does not apply to Title VII mixed-motive cases. [read post]
30 Jan 2013, 3:10 pm
B, showed some limitations of motion of the lumbar spine, however straight leg raising test yielded a negative result. [read post]
22 Jul 2011, 3:42 am
Instead it appears that Defendant unilaterally selected individuals as its “test” plaintiffs. [read post]
20 Jan 2007, 5:13 am
My theory is getting ready to be put to the test! [read post]
21 Apr 2023, 6:31 am
As a general rule, the SOL starts to run "when the plaintiff has a complete and present cause of action. [read post]
11 Jun 2014, 10:26 am
(Note: the conventional test here has three more elements besides that, though one—the requirement of commercial competition—might not properly survive Lexmark.) [read post]
12 Apr 2017, 11:29 pm
The plaintiffs sued the defendant for the purchase price of a buffalo which died during an operation to test it for diseases as part of the sale. [read post]
Expert Witness Testimony: The Difference Between Testing Scientific Principles and Determining Cause
17 Mar 2011, 4:30 am
In so doing, the Eighth Circuit held that 1) the district court did not abuse its discretion in excluding the Plaintiffs' expert's testimony, and 2) that without the expert testimony, the plaintiffs could not establish that the grill was unreasonably dangerous or defective. [read post]
22 Jan 2010, 3:36 am
” The commissioner’s finding was upheld by the workers’ compensation review board.On appeal, plaintiff maintained that the commissioner improperly applied the substantial factor test and abused his discretion. [read post]
21 Dec 2023, 6:00 pm
These wiretap cases follow the common playbook of plaintiffs’ counsel with privacy class actions – testing to see whether they can dust off pre-digital age laws and persuade courts that these laws should apply to modern technologies never contemplated when the laws were enacted. [read post]
17 May 2012, 8:23 pm
In Russell, the trial court granted dissolution based upon (a) and (c) above, the economic purpose and business operations tests, respectively. [read post]
2 Sep 2011, 8:03 am
In ordering the Plaintiff to pay 30% of the costs the Court provided the following reasons: [42] I find that the defendant is entitled to an order for an apportionment of costs. [43] The test for whether or not an apportionment of costs should occur is set out in Sutherland v. [read post]
5 Dec 2008, 2:30 pm
In what was considered a crucial test of the Alien Tort Claims Act--a case brought by Nigerian plaintiffs against Chevron over attacks against Nigerian civilians on an oil platform in the late nineties--the Jones Day lawyer halted a movement to hold U.S. [read post]
17 Dec 2014, 3:26 pm
Defendant submitted, among other things, affirmed reports of orthopedic and neurological examinations, setting forth the results of range of motion testing and comparing plaintiff's ranges of motion to normal ranges. [read post]
