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19 May 2023, 12:41 pm
The relators-plaintiffs contributed this overcharge to a deliberate failure by the retailers, citing that federal law required these pharmacies to bill Medicare and Medicaid based on “usual and customary” (U&C) pricing offered to customers. [read post]
19 May 2023, 8:53 am
It was the Performance Test question styled “NIESI v. [read post]
19 May 2023, 8:41 am
Plaintiffs failed to identify a relevant “defect” in the tests. [read post]
19 May 2023, 8:38 am
There’s no blanket rule that hashtags can’t constitute infringement, as long as “the use otherwise meets the test for trademark infringement. [read post]
19 May 2023, 7:45 am
The Risk of Confusion For these fossil fuel plaintiffs, it feels like confusion is the goal. [read post]
19 May 2023, 7:30 am
” But, she alleged, without professional testing or other expert evidence, she couldn’t determine if BBW was telling the truth about its products’ features. [read post]
19 May 2023, 4:00 am
The pork industry plaintiffs challenged a provision implementing the part of California's Proposition 12 that mandates minimum welfare standards for the (mothers of and the) pigs slaughtered for pork products sold in state. [read post]
18 May 2023, 1:21 pm
To do so, the court adopts the “Halberstam” factors [FN] as the common law test for aiding-and-abetting, although the court says factually the Twitter case is a “far cry” from Halberstam, so the court turns “to the common law of aiding and abetting upon which Halberstam rested and to which JASTA’s common-law terminology points. [read post]
18 May 2023, 1:12 pm
However, the plaintiffs fell short of proving the third prong. [read post]
18 May 2023, 12:41 pm
Courts should assess the materiality of ESG risk by applying the infrequently used probability-magnitude test set forth by the Supreme Court in Basic v. [read post]
18 May 2023, 11:12 am
Plaintiffs have not made that showing. [read post]
18 May 2023, 5:52 am
" The Seventh Circuit has recognized that one test for evaluating Establishment Clause challenges "is known as the 'coercion' test[,]" and "[t]he Supreme Court has applied this test in school prayer cases. [read post]
17 May 2023, 1:48 pm
The district court concluded that the complaint alleged sufficient facts to withstand a motion to dismiss on the issues of whether Uber was an “employer” and plaintiff was an “employee” under the FLSA’s economic realities test and the New York Labor Law test for independent contractor status. [read post]
17 May 2023, 11:53 am
Additional Resources: Warning Letters and Test Results for Cannabidiol-Related Products, February 2023, U.S. [read post]
17 May 2023, 6:00 am
However, the promise of these legal theories has not been adequately tested to proffer the ADA as a true alternative to race-based civil rights laws, and there are many suggestions that it is not. [read post]
17 May 2023, 3:49 am
Higgitt, CPLR 3211 [a] [7]: Demurrer or Merits-Testing Device? [read post]
16 May 2023, 11:44 am
The week before the Aug. 8 trial, the sister of plaintiff’s counsel was admitted to the hospital, which required counsel to reschedule his meeting with the bailiff to test courtroom technology. [read post]
16 May 2023, 8:53 am
Ross, have to find that the plaintiff has stated a valid DCC claim? [read post]
16 May 2023, 5:00 am
The Defendant physician allegedly prescribed the decedent medicine but allegedly never sought to perform tests to determine if the medication was appropriate for the decedent. [read post]
15 May 2023, 11:09 am
” Generally, the burden to meet this test is “minimal” and satisfied if it is shown the party’s representation of the nonparty’s interest “may be” inadequate. [read post]
