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16 Mar 2020, 3:55 pm
During the course of litigation, the plaintiffs sent the defendants interrogatories and requests for production. [read post]
8 Mar 2021, 8:00 am
The court thus concluded that the proposed amendment satisfied the test and should have been allowed in this case. [read post]
11 Apr 2013, 8:32 am
When I was first tested for a BRCA mutation in 1998, I was fortunate; my testing costs were covered by my health insurance. [read post]
9 Apr 2013, 7:00 am
Today's guest blogger is a plaintiff in our case challenging the patent on two genes related to breast and ovarian cancers, BRCA1 and BRCA2. [read post]
25 Feb 2015, 5:00 am
Although the certification test in most Canadian jurisdictions remains a procedural question, it is clear that courts will require plaintiffs to show that causation is capable of being proven on a class-wide basis before giving the green light to a proposed class action.History of the ProceedingsThe Charlton class action against pharmaceutical manufacturers Abbott Laboratories, Ltd. [read post]
6 Feb 2017, 1:04 pm
One thing seems certain in states where this decision applies — plaintiffs now have a broader, more employee-friendly test at their disposal. [read post]
30 Apr 2013, 6:24 am
Applying the second test, the Court couldn’t find as a matter of law that the supposed benefits outweighed plaintiffs' injuries. [read post]
27 Nov 2012, 8:27 pm
The Second Circuit uses a two-tier test -- a milder one for a preliminary injunction that maintains the status quo and a tougher standard for a p.i. that changes it. [read post]
14 Aug 2016, 12:00 am
Applying this balancing test we conclude Marshall’s employees’ privacy interests outweigh plaintiff’s need to discover their identity at this time. [read post]
27 Nov 2023, 2:52 am
The court concluded that the trial court erred by applying the aggrieved party test to assess standing and failed to consider the plaintiffs’ right to initiate a nuisance action under § 11.04 of the Township ordinance. [read post]
5 Jun 2008, 3:37 pm
"Lawsuits Test Disabilities Act: Two Cases Cite Little-Known Protections For People Who Aren't Disabled But Care For Those Who Are," was the headline of this article yesterday by Jane Zhang of the Wall Street Journal.. [read post]
18 Feb 2019, 4:22 am
To determine substantial similarity, courts in the Ninth Circuit use an extrinsic similarity two-part test, where plaintiff must show that the works are substantially similar under both the extrinsic test and the intrinsic test. [read post]
8 Nov 2017, 8:11 pm
Seitz had ruled for the black plaintiffs in Belton v. [read post]
28 Jan 2009, 11:06 pm
Bloomberg reports that "AstraZeneca faces about 9000 lawsuits with more than 15,000 plaintiffs in the U.S. over claims that Seroquel causes diabetes. [read post]
30 Oct 2023, 2:09 pm
As we have written about previously, BIPA’s requirements are exacting, and BIPA plaintiffs do not need to prove actual damages. [read post]
9 Aug 2012, 10:20 am
Third, did plaintiff fail to prove any of these elements? [read post]
27 Jun 2013, 12:53 am
The Koan: If (1) the but-for test is currently the ONLY test in Canadian tort law for proof of factual causation; and (2) the ONLY method of applying the but-for test is the method set out in Snell: the robust, pragmatic, approach; but (3) the robust pragmatic method isn't applicable "when there is evidence to the contrary on the plaintiff’s theory of causation"; then (4) in practice, what is the test for factual causation in every… [read post]
6 Mar 2013, 11:09 am
This is a good test case for the idea of admitting this evidence. [read post]
11 Aug 2022, 4:29 pm
Supreme Court did not hold that a plaintiff can “reach back” to a testing date that falls outside of the 300-day statute of limitations window. [read post]
8 Jan 2007, 5:29 am
Failure to give fair notice in advance of the work can mean that the plaintiff doing the work can have its proofs barred at trial. [read post]
