Search for: "Test Plaintiff"
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19 Jun 2023, 12:42 pm
The plaintiff maintained that the employee’s commute in her personal vehicle constituted a “special mission,” and so the employee was acting within the scope of her employment at the time of the accident with the plaintiff’s husband. [read post]
19 Jun 2023, 11:57 am
In short, the Government has not ceased and does not plan to cease flooding Plaintiffs' lands. [read post]
19 Jun 2023, 7:43 am
The reports did not contribute the plaintiff’s success. [read post]
19 Jun 2023, 7:41 am
The Instagram blocks were even worse: “NIH’s custom keyword filter on Instagram contains fewer than thirty blocked keywords, nearly all related to animal testing” (including the word “stop”–really?). [read post]
19 Jun 2023, 5:47 am
How can money "place the plaintiff[s] in the position" they were in before Deol died? [read post]
19 Jun 2023, 4:41 am
” A universe of case law has evolved applying the BDO Seidman test. [read post]
19 Jun 2023, 2:10 am
They went on to say: Plaintiff filed her complaints with a good faith, non-frivolous basis based on testing and evidence that there was something amiss with respect to the meat product defendants were selling as ‘tuna. [read post]
18 Jun 2023, 9:03 pm
” The Court of Appeals for the Fourth Circuit, however, reversed the ruling in favor of the plaintiffs, and allowed TJ to continue to use its new admissions policy. [read post]
17 Jun 2023, 4:08 pm
The notion of ‘substantial taking’ should not be intended in a quantitative sense.Lord Millett set out the test in the context of the landmark decision in Designers Guild, concerning infringement of copyright in a fabric design. [read post]
16 Jun 2023, 8:37 am
Higgins and Andrew Miller secured a $4.95 million verdict with interest in Middlesex Superior Court in a case against a Lahey doctor for failure to properly test for cancer. [read post]
16 Jun 2023, 5:30 am
Hand and arm injuries are a common type of life-changing injury we see in these plaintiffs. [read post]
16 Jun 2023, 3:15 am
To make a successful public policy argument, the plaintiff must show bad faith. [read post]
15 Jun 2023, 9:01 pm
Plaintiffs in AI-generated work cases may, depending on the circumstances, be in a position to fairly argue that the use of the artist’s name and/or trademarks in connection with the AI-generated work serves as a designation of source, thus foreclosing the application of the Rogers test at all. [read post]
15 Jun 2023, 12:10 pm
Katz (1968) 68 Cal.2d 512, 528), and that the question involves two interrelated factors: (1) the likelihood plaintiff will prevail on the merits, and (2) the relative balance of harms likely to result from granting or denial of the injunction. [read post]
15 Jun 2023, 10:57 am
A CDL knowledge and skills test is not required to obtain a restricted CDL. [read post]
15 Jun 2023, 5:20 am
” Under either equal protection test, the court found that summary judgment was properly granted because the property owner, Lepper, failed to identify any similar situated treehouse owners. [read post]
15 Jun 2023, 4:52 am
’” The Court’s ruling diminishes the protection available to retailers accused of trademark infringement under the Rogers test and likely will have the effect of limiting the use of the Rogers inquiry as a filter prior to the likelihood-of-confusion analysis to cases where the allegedly infringing product uses the plaintiff’s mark only in an expressive context and not as a source identifier. [read post]
14 Jun 2023, 2:24 am
In other words, they must demonstrate that the decedent was exposed to a substantial risk of harm, which is the objective test, and that the prison officials knew about and disregarded this risk, which is the subject test. [read post]
13 Jun 2023, 12:22 pm
The Federal Circuit found that these allegations were neither general nor conclusory since they were supported by defendant’s own tests. [read post]
13 Jun 2023, 7:00 am
The next day, plaintiff was able to go to a free clinic to obtain a COVID-19 test. [read post]
