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7 May 2023, 7:42 am
The Ninth Circuit has already rejected several jawboning cases before adopting the Second Circuit test, and it’s clear from this ruling that few (if any) of the other cases percolating through the court system have a chance. [read post]
6 May 2023, 6:54 pm
., 4th Div. 2002 The above fours tests are the proof needed for a preliminary injunction. [read post]
5 May 2023, 10:39 am
The courts have determined a test and list of factors that they weigh when deciding infringement. [read post]
5 May 2023, 9:32 am
Plaintiff is mistaken. [read post]
5 May 2023, 8:47 am
We’re still working through the first wave of litigation testing Congress’ poor handiwork. [read post]
4 May 2023, 8:00 am
We can provide guidance on product design and safety, help you develop adequate warnings and instructions, and advise you on best practices for product testing and quality control. [read post]
4 May 2023, 6:42 am
Indeed, where the plaintiffs make a single-brand aftermarket claim, it is up to them to rebut the economic presumption that consumers make a knowing choice to restrict their aftermarket options when they enter into a contract on the competitive market (see Kodak and Newcal). [read post]
4 May 2023, 6:00 am
Was the determination affected by an error of law or was it arbitrary and capricious or an abuse of discretion and a determination "is arbitrary and capricious when it is taken without sound basis in reason or regard to the facts".Passing these tests:2. [read post]
4 May 2023, 6:00 am
Was the determination affected by an error of law or was it arbitrary and capricious or an abuse of discretion and a determination "is arbitrary and capricious when it is taken without sound basis in reason or regard to the facts".Passing these tests:2. [read post]
4 May 2023, 5:00 am
This test can be expressed in different ways. [read post]
4 May 2023, 5:00 am
This test can be expressed in different ways. [read post]
3 May 2023, 12:56 pm
Despite assuming that the plaintiffs are likely to succeed on the merits, the District Court denied the preliminary injunction after finding that the plaintiffs had failed to demonstrate that they would be irreparably harmed by the costs they would incur as a result of complying with the new rule. [read post]
3 May 2023, 11:29 am
There are only 25 lawyers in all of Canada (both plaintiff and defence) ranked by Lexpert as meeting this criteria. [read post]
3 May 2023, 7:39 am
She found that only 0.7%-1.3% of the test group noticed the statement and that there was no statistically significant difference between the test and control with respect to their conclusions about the Peloton products after viewing the webpages. [read post]
2 May 2023, 2:32 pm
The post The Sixth Circuits Rejects The “Juridical Link” Test For Class Actions appeared first on Sixth Circuit Appellate Blog. [read post]
2 May 2023, 1:47 pm
Davis stepped onto its platform to test it and a defective ratchet strap broke causing him to fall and sustain serious back injuries. [read post]
2 May 2023, 7:23 am
.): [According to the Complaint,] Plaintiff, The Satanic Temple, Inc. [read post]
2 May 2023, 6:10 am
After some initial procedural wrangling (including an earlier visit to the Fourth Circuit), plaintiffs obtained class certification to challenge the two laws. [read post]
1 May 2023, 8:55 pm
" "Under the Caetano test, even 1% of the 24 million AR-15 style rifles held by citizens is sufficient to result in a finding that such arms are in common use. [read post]
1 May 2023, 2:39 pm
Bear in mind that the test plaintiff needed the accommodation for is Step 1. [read post]
