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31 Aug 2023, 8:55 am
In the example, they would award 15% of the damages that the plaintiff’s estate would ordinarily receive if the plaintiff had been negligently killed in a fact pattern satisfying the preponderance test. [read post]
31 Aug 2023, 6:11 am
Twitter qualifies for the standard three-element test for 230: Twitter is an ICS provider. [read post]
31 Aug 2023, 6:11 am
” “Plaintiffs in Roundup lawsuit seek to disqualify high-profile St. [read post]
31 Aug 2023, 5:46 am
The facility staff ran a test, which was negative, and created care plans for the husband the next day. [read post]
31 Aug 2023, 5:43 am
” The court found that there were factors under the relevant tests that cut both ways on whether Griffin was speaking as an employee or a citizen. [read post]
30 Aug 2023, 9:49 am
Ark. 1960) (“The test for removal under Section 1442(a)(1) is not whether the Government employee was acting in the performance of his duties but rather whether the act complained of was under color of such office or of any right, title or authority claimed under any Act of Congress. [read post]
30 Aug 2023, 8:29 am
The reservations in Giuliani's stipulations make clear his goal to bypass the discovery process and a merits trial—at which his defenses may be fully scrutinized and tested in our judicial system's time-honored adversarial process—and to delay such a fair reckoning by taking his chances on appeal, based on the abbreviated record he forced on plaintiffs. [read post]
30 Aug 2023, 8:25 am
Here, the court instead uses the decades-old standard test for consumer confusion, though with a finger on the scale for certain factors: Mark strength. [read post]
29 Aug 2023, 9:07 pm
A case definition includes criteria such as the subject population, implicated location, time, clinical features, and/or laboratory test results if available (CDC, 2012). [read post]
29 Aug 2023, 12:46 pm
Singer—failed a reliability test, it must be excluded, Donato said. [read post]
29 Aug 2023, 4:08 am
Under that test, the court found for the plaintiffs but held the violation was not willful, limiting recovery to only two years. [read post]
28 Aug 2023, 5:13 pm
A case definition includes criteria such as the subject population, implicated location, time, clinical features, and/or laboratory test results if available (CDC, 2012). [read post]
28 Aug 2023, 1:23 pm
In reaching its decision, the Courtrecognized a consent-based theory of personal jurisdiction, which it found does not conflict with the contacts-based test set forth in International Shoe Co. v. [read post]
28 Aug 2023, 6:30 am
Delaware courts have held that transactions between a controlled company and its controller are subject to the test of entire fairness—Delaware’s most exacting standard of review—due to the inherent risk of minority stockholder abuse presented by such transactions. [read post]
28 Aug 2023, 6:30 am
Delaware courts have held that transactions between a controlled company and its controller are subject to the test of entire fairness—Delaware’s most exacting standard of review—due to the inherent risk of minority stockholder abuse presented by such transactions. [read post]
28 Aug 2023, 6:21 am
He applied for a job, failed a drug test, and sued the employer when it rescinded the application. [read post]
27 Aug 2023, 4:39 pm
The plaintiff must present this affidavit from a qualified expert swearing that the case has merit. [read post]
27 Aug 2023, 3:56 pm
The issue arises under the third prong of the Mesa test: the defendant must show they raised or will raise a “colorable federal defense. [read post]
25 Aug 2023, 11:31 am
The RNC concedes that this test suggests emails are not being filtered by Defendant based on their communicative content. [read post]
25 Aug 2023, 4:24 am
The plaintiff had failed at the time of the alleged victimisation to pursue the grievance procedures allowed to employees possible under her contract of employment and regulated by statutory instruments. [read post]
