Search for: "Matter of M.D."
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25 Jun 2012, 11:44 am
RISK DIFFERENCE The plaintiffs are correct that the risk difference is not the predominant risk measure used in meta-analysis or in clinical trials for that matter. [read post]
12 Mar 2020, 6:01 pm
This means that the movant must demonstrate that there are no genuine and material fact disputes and that it is entitled to summary judgment as a matter of law. [read post]
1 Feb 2017, 6:08 am
Pendolino, 2017 WL 320830 (M.D. [read post]
12 Jan 2011, 2:00 am
Supp. 432, 440 (M.D. [read post]
10 Jan 2011, 8:29 pm
Nissen, M.D., and Kathy Wolski, M.P.H., “Effect of Rosiglitazone on the Risk of Myocardial Infarction and Death from Cardiovascular Causes,” 356 New Engl. [read post]
21 May 2010, 1:26 pm
Many investment advisers, such as SEC registered Investment Adviser Fisher Investments, use a boilerplate JAMS commercial arbitration clause in their Account Agreements (“LOA”) with customers that include a Delaware choice-of-law provision. [read post]
23 Mar 2012, 11:13 am
NOTE 7 Whether the use is for employer purposes or not does not matter, although employers may want to consider giving employees some input into the company social media policy if social media use is a job requirement. [read post]
9 Sep 2022, 11:06 am
., No. 5:22-cv-00268 (M.D. [read post]
19 Nov 2009, 10:51 am
Once the court concluded that the plaintiffs' nationwide class action had to be governed by the law of all 50 states, denial of class certification occurred pretty much as a matter of course. [read post]
10 Mar 2022, 9:14 am
ESA claims are almost always based on the notion that just having a mental disorder is the equivalent of having a disability, something that is wrong as a matter of law, but which DOJ chooses to ignore. [read post]
25 Jan 2007, 12:48 am
The "it," of course, is negligence per se based upon claims that the defendant somehow violated the Food, Drug & Cosmetic Act ("FDCA").Pull up a cyberchair and pay attention because we're going to explain some ways of defeating such claims - as a matter of law - that you probably haven't considered.First, a little bit on why FDCA-based negligence per se is so dangerous and difficult a cause of action to deal with. [read post]
28 May 2020, 5:29 am
” For example, in the notorious Milward case, the First Circuit, citing legally invalid pre-Daubert decisions, stated that “when the factual underpinning of an expert’s opinion is weak it is a matter affecting the weight and credibility of the testimony − a question to be resolved by the jury. [read post]
21 Apr 2010, 12:08 pm
It communicates the agency’s position on a matter, but it does not commit FDA to taking enforcement action. [read post]
31 Dec 2009, 11:46 am
To put this all in legal terms, we think that the various stresses of bodily environment should always be - as a matter of law - a "reasonable secondary cause" of device failure in any implant case that would preclude using any form of res ipsa loquitur or "malfunction" theory. [read post]
24 Jan 2022, 11:03 am
In the following guest, Yaminah Williams, Assistant Vice President, Hiscox USA, Alicia Garcia, Claims Counsel, Hiscox USA, Katherine Hausmann, Senior Complex Claims Specialist, Hiscox USA, Elan Kandel, Member, Bailey Cavalieri LLC and James Talbert, Associate, Bailey Cavalieri LLC, review the key 2001 D&O insurance coverage decisions. [read post]
28 Mar 2022, 12:50 am
NAD initiated a challenge against app-based delivery service DoorDash relating to the following claim: “We are donating $1 million, with $500,000 going to Black Lives Matter and $500,000 to create a fund to be directed by the Black@DoorDash ERG (Employee Resource Group) towards state and local organizations. [read post]
5 Nov 2008, 3:32 am
To date, the few district courts to rule on the matter have each interpreted the Copyright Act differently in the context of file-sharing, indicating that there is likely to be ongoing uncertainty until appellate level courts offer clarification. [read post]
12 Jun 2016, 10:41 am
The dueling depictions serve to remind us that the employee/independentcontractor distinction is not a bright line but a spectrum, and that courts must struggle with matters of degree rather than issue categorical pronouncements. [read post]
2 Aug 2014, 6:05 am
Nausieda, M.D. in Boren v. [read post]
29 Jul 2010, 5:00 am
Supp.2d 1270, 1283-84 (M.D. [read post]