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22 Jun 2017, 4:39 pm
The Second Circuit rejected the plaintiff’s attempt to argue that the First Circuit’s “extreme departure” test was the appropriate standard. [read post]
25 Mar 2024, 6:43 am
But still, some litigants test the limits of what that means.For example, in a recent case before the state appeals court in Manhattan, a plaintiff lost a case against two companies. [read post]
14 Jun 2011, 9:40 am
Nor did he take the car for a test drive. [read post]
2 May 2008, 9:47 am
Plaintiffs' class action lawsuit on behalf of 400,000 Oregonians wanted medical monitoring for smokers to test for tobacco related disease. [read post]
15 Feb 2019, 10:50 am
In its Complaint, Plaintiff alleged that Defendants conspired to exclude Plaintiff from providing laboratory testing services to the Delaware market in violation of Sections 1 and 2 of the Sherman Act and Section 16 of the Clayton Act. [read post]
15 Mar 2011, 12:33 pm
In this case, the plaintiff applied for work as a longshoreman in 1997, but was rejected after he tested positive for marijuana. [read post]
18 Jul 2008, 3:06 pm
Here, there would undisputedly be such jurisdiction, given that the DJ defendant had threatened suit in the past and had filed five administrative proceedings at the TTAB regarding the DJ plaintiff's marks.Also of importance, the Tenth Circuit held that the elimination of the reasonable apprehension of imminent suit test by MedImmune applies to all areas of intellectual property, not just patent cases. [read post]
7 Dec 2011, 9:17 pm
” As the court explained, “These two alternatives represent ‘extremes of a single continuum,’ rather than two separate tests…. [read post]
7 Jul 2023, 6:19 am
The plaintiff worked for the Post Office and wanted to take off on Sunday for religious observance. [read post]
31 Jan 2019, 5:46 am
The plaintiffs in the underlying suit perform deliveries for the defendant, a logistics company that provides delivery services to medical organizations. [read post]
24 Feb 2011, 7:14 am
When personal injury claims go to trial a Plaintiff will have their allegations of injury tested through cross-examination. [read post]
15 Sep 2011, 1:15 pm
The plaintiffs in that case allege that Boiron violated the California Legal Remedies Act and the California Unfair Competition Law and committed common law fraud by marketing homeopathic drugs that are not effective. [read post]
5 Apr 2009, 9:16 am
This office represented plaintiffs Dr. [read post]
15 May 2018, 5:00 am
Thereafter, the Plaintiff underwent diagnostic studies, including x-rays, MRIs, and an EMG test, all of which returned normal results. [read post]
29 Jan 2019, 5:00 am
In terms of the subpoena for medical records, the court also confirmed that genetic testing of the minor following her birth as well as DNA testing for any genetic disorder were within normal limits. [read post]
30 Aug 2011, 9:41 pm
Harry Ostrer (the only plaintiff found to have standing) no longer has the capacity for "immediately begin[ning] to perform BRCA 1/2-related genetic testing" upon invalidation of the Myriad patents. [read post]
4 May 2011, 3:45 am
My topic was Medical Monitoring Class Actions, with an emphasis on the trend by plaintiffs to seek (b)(2) certification, describing the money damages they want defendants to pay for future medical testing as some sort of court-supervised program and thus injunctive/equitable in nature. [read post]
19 Oct 2014, 10:27 pm
In response to many complaints made by plaintiffs, the drug company has been working to create an antidote to the dangerous side effects of Pradaxa. [read post]
18 Dec 2012, 7:53 pm
Contrisciane, 473 A.2d 1005 (Pa. 1984) test as to whether or not an injured party was “occupying” a vehicle and found that the Plaintiff had satisfied all of the elements of that test. [read post]
21 Sep 2017, 2:26 pm
In Parametric, the Nevada Supreme Court adopted the test in Tooley. [read post]
