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18 Feb 2011, 9:45 am
First, it is impossible for the plaintiff to prove that the defendant’s negligence caused the injury under the “but for” test, and second, it is clear that the defendant breached a duty of care owed to the plaintiff and thereby exposed the plaintiff to an unreasonable risk of injury of the type which the plaintiff ultimately suffered: Hanke, at para. 25.[27] For these reasons this plaintiff must discharge his onus using… [read post]
4 Aug 2010, 1:54 am
Earlier this week, I hosted a guest post from the counsel for the plaintiffs in the Vivendi securities class action lawsuit, in which plaintiffs’ counsel summarized their position on the impact that the U.S. [read post]
14 Dec 2015, 9:12 am
In reaching this conclusion, the court used a “balancing of interests” test. [read post]
14 Nov 2013, 4:36 pm
Plaintiffs have begun to expand the focus of this litigation into new industries, including cosmetics, personal care products, and home cleaning supplies. [read post]
1 Mar 2024, 7:28 am
” The court dismissed 31FO’s Fifth Amendment regulatory takings claim, however, finding that it failed to satisfy the factors under the Penn Central takings test. [read post]
21 Jul 2010, 10:49 pm
While not acknowledging whether the lawsuits were factually correct, the pharma giant met with the plaintiffs privately after several test cases showed that juries were willing to award in favor of the plaintiffs. [read post]
28 Mar 2007, 6:23 am
The plaintiff alleged that the Cook County jail conducted arbitrary penis swabbings for STDs with sloppy record keeping that did not even allow them to determine who was tested. [read post]
31 May 2021, 7:51 pm
” A recent appeal to the First Department in Shilpa Saketh Realty, Inc. v Vidiyala put to the test that court’s application of the principles laid down by the Court of Appeals in Pappas. [read post]
9 Sep 2008, 10:12 am
Plaintiff sued, and the trial the court concluded that USDA cannot regulate BSE testing because, while the regulations allow USDA control of the diagnosis and treatment of cows, the test kit cannot be used in the treatment of domestic animals. [read post]
14 Sep 2007, 8:17 am
Neither probable cause nor reasonable suspicion is required to test an accused sex offender for HIV or Hepatitis B. [read post]
18 Apr 2017, 9:55 am
The plaintiff testified that he did not notice anything wrong with the railing prior to his fall; however, he did not test the railing by shaking or rattling it. [read post]
4 May 2020, 6:33 am
”Plaintiff loses the case because the factors tilt in favor of the employer. [read post]
15 Dec 2014, 5:00 am
As noted by the Director, employer cites five federal court decisions in which the “zone of danger” test was applied to limit plaintiff’s recovery for the negligent infliction of emotional distress. [read post]
13 Feb 2021, 9:08 am
(c)), to consider developing pilot programs to test the efficacy of utilizing new technologies as an approved method of service of process. [read post]
5 Dec 2013, 9:03 am
The court then sets about a discussion of the various factors, and concludes that the relevant theory has been tested, peer reviewed, and sufficiently accepted by the medical community. [read post]
9 Aug 2012, 7:27 am
” The “strong cause” test is conceptually distinct from the”forum non conveniens” test. [read post]
27 May 2010, 12:55 pm
After the test was administered, the City decided to divide up the field of applicants into three groups. [read post]
28 Sep 2009, 8:02 am
Many plaintiff lawyers are not too optimistic that our ultra-conservative, pro-insurance Supreme Court will even recognize that there is an injustice, much less take steps to correct it. [read post]
30 May 2010, 3:37 pm
He did not define the “real and substantial connection” test, but remarked that it was not intended to be a rigid test. [read post]
4 Sep 2007, 10:17 am
Plaintiff estimates the class members number in the "thousands. [read post]
