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3 Apr 2023, 5:38 pm
When the engineer later tested it, he found that “the local stone was wholly unsuitable for use in the concrete,” id. at 31, and required the plaintiffs to import different stone from elsewhere. [read post]
3 Apr 2023, 5:09 pm
Whiteaker learned about emotional support animals (“ESAs”) and sought counseling from a mental health provider who conducted testing and diagnosed him with Acute Stress Disorder. [read post]
3 Apr 2023, 10:04 am
Her interpretation of what “Collagen + C” conveys was not relevant to the reasonable consumer test (and also tended to support plaintiffs anyway). [read post]
3 Apr 2023, 7:18 am
Take the COVID-19 vaccination cases as an example, in which the Court blocked a vaccination-or-test requirement for large employers as issued by the Occupational Safety and Health Administration. [read post]
3 Apr 2023, 6:43 am
Our test avoids consideration of the “artistic relevance” of this use of the plaintiff’s mark, is more clear than the “explicitly misleads” test, and contains an infringement standard that incorporates the text of the Lanham Act. [read post]
3 Apr 2023, 6:39 am
This is a subjective test, focused on what the speaker actually believed, rather than on what a reasonable person would have believed. [read post]
3 Apr 2023, 6:00 am
Analyzing the “related to” test from Ford, the court explained that “[i]n effect, relatedness proxies for causation, ensuring jurisdiction over a class of cases for which causation seems particularly likely but is not always easy to prove. [read post]
3 Apr 2023, 5:45 am
The First Department has long said the Kase test applies to §§ 175.05 and 175.10, most recently in 2018 in People v. [read post]
3 Apr 2023, 4:00 am
Plaintiff sought to wear a 3-inch beard for religious reasons, while the Academy was unwilling to permit any beard longer than one-eighth of an inch. [read post]
2 Apr 2023, 9:16 am
” In her decision, Judge Menendez applied the Bruen test and sided with the plaintiffs. [read post]
1 Apr 2023, 2:01 pm
BRAL argued that the testing and evaluation of samples shows its desire for defect-free plywood that was suitable for its intended use. [read post]
31 Mar 2023, 3:20 pm
In addition to required motorcycle licensing tests, riders should practice riding a new motorcycle. [read post]
31 Mar 2023, 12:30 pm
And the officers knew all along he hadn't failed the drug test? [read post]
31 Mar 2023, 11:33 am
She was the original plaintiff in the lawsuit. [read post]
31 Mar 2023, 8:10 am
” Conclusion While a neuroscientifically informed consumer confusion test for trademark infringement has great promise for reducing the biases and manipulations present in our current system, it is still a nascent proposal. [read post]
31 Mar 2023, 4:55 am
Simmons: Courts prescribe a 5-part test. [read post]
30 Mar 2023, 2:15 pm
While this complaint has only just been filed and it remains to be seen how it will face, I will say that when the time comes for the sufficiency of the plaintiff’s allegations to be tested, the court is going to have to look long and hard to find anything in this complaint that even arguably satisfies the scienter pleading requirements. [read post]
30 Mar 2023, 5:01 am
The design defect test calls for "risk-utility balancing"[6] (modeled on the Hand Formula), not for perfect safety. [read post]
29 Mar 2023, 4:39 pm
Would the Hobby Lobby plaintiffs really be complicit in abortion?) [read post]
29 Mar 2023, 2:38 pm
Car insurers LOVE when a Plaintiff receives other collateral benefits. [read post]
