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29 Oct 2021, 9:48 am
“While the Court agrees with Defendants that Plaintiffs likely could have initiated test buys of and performed tests on Defendants’ publicly available compression products earlier, Plaintiffs have nevertheless presented acceptable justification for their delay. [read post]
21 Oct 2011, 11:02 am
The court later reiterated that “courts in this district have cautioned against the application of a proportionality test as it relates to preservation. [read post]
16 Jul 2010, 7:51 am
But not plaintiff's lawyers. [read post]
25 Mar 2007, 8:12 am
This test has been applied by the Ninth Circuit most recently in Way v. [read post]
7 Nov 2013, 9:07 am
He also rejected the plaintiff’s contention that TCRs serve in a non-exempt “production” role. [read post]
8 Jun 2023, 11:16 am
Galvao fused two historical tests for resolving the liability issue in borrowed-employee cases -- the “control test” and the “business furtherance test. [read post]
28 Feb 2013, 1:58 pm
The doctor conducted an orthopedic examination which included range of motion testing as to the plaintiff's neck, which was obtained by way of visual observation. [read post]
17 Mar 2016, 4:00 am
Tests used by court to determine if a public officer or employee is entitled to “qualified immunity” when he or she is being sued for damages in a civil action Lawson v. [read post]
2 Dec 2009, 12:41 pm
 Run afoul of the new test and you will find your case vulnerable to a motion to dismiss. [read post]
22 May 2008, 11:25 pm
Plaintiffs in Bowden v. [read post]
6 Jul 2011, 6:06 am
Plaintiffs have alleged that DePuy's parent company, Johnson & Johnson, failed to properly test the hip implant devices prior to marketing them, and that Johnson & Johnson knew about these problems for over two years prior to recalling the implants. [read post]
4 Nov 2010, 7:23 am
The tests for anticipation and obviousness are different.'. . . [read post]
7 Aug 2008, 11:03 pm
The plaintiffs didn't plead the scienter element in a way that satisfied the tough "strong inference" test of Tellabs, Inc. v. [read post]
3 Dec 2008, 3:43 pm
Jurors found that the driver for Swift Transportation was 65% responsible for the accident that left Plaintiff with major spinal cord injuries. [read post]
27 Aug 2012, 7:03 am
Judge Barton, in a prior Order, dated September 22, 2010, found that SPECT was not new or novel science, and that plaintiffs had demonstrated that the basic underlying principles of SPECT imaging had been sufficiently tested and accepted by the relevant scientific and medical communities. [read post]
30 Apr 2012, 5:37 am
Brown also conducted testing in support of the patent infringement allegations. [read post]
26 Mar 2020, 6:33 am
That is, a plaintiff bears the burden of pleading, and ultimately proving, that but for the plaintiff’s race, the defendant’s decision would have been different. [read post]
21 May 2014, 2:15 am
(Please note that the court was deciding at a very early stage in the lawsuit only whether the plaintiff’s allegations, if true, would state a legal claim. [read post]
30 Nov 2023, 2:02 pm
In applying the above-outlined body of law to the present case, we need not decide whether Gina's speech "implicate[s] issues of public interest"—because even assuming that it does, the Ledors have not satisfied the second part of the test. [read post]
25 May 2023, 5:23 am
She additionally had EMG and MRI testing for complaints of neck and back pain. [read post]