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29 Mar 2023, 9:11 am
In Intertek Testing Services NA, Inc. v. [read post]
29 Mar 2023, 9:11 am
In Intertek Testing Services NA, Inc. v. [read post]
29 Mar 2023, 9:11 am
In Intertek Testing Services NA, Inc. v. [read post]
29 Mar 2023, 5:01 am
Connaughton, which held that "purposeful avoidance of the truth" and thus "actual malice" could be found when plaintiff had made exculpatory audiotapes available to the newspaper but "no one at the newspaper took the time to listen to them. [read post]
28 Mar 2023, 1:59 pm
The Lawsuit On March 24, 2023, a plaintiff shareholder filed a securities class action lawsuit in the District of Connecticut against Stanley and certain of its directors and officers. [read post]
28 Mar 2023, 6:52 am
There is thus no need for the Court to consider the potential chilling effect on a specific group of potential litigants separately from its application of the Sealed Plaintiff balancing test, which already "requires a district court to exercise its discretion in the course of weighing competing interests. [read post]
28 Mar 2023, 6:03 am
The State Farm analysis is a potential alternative test for the constitutionality of aggregate statutory damages. [read post]
28 Mar 2023, 5:00 am
Turning to Pennsylvania’s own 6-part test on whether sovereign immunity should be applied, the court in this Galette case ultimately found that that test was not dispositive on the question.As such, the court noted that it was required to address whether allowing N.J. [read post]
28 Mar 2023, 4:45 am
While it’s not a mathematically precise test, I think you can see where we’re heading with this one. [read post]
27 Mar 2023, 9:01 pm
We again survey securities-related litigation arising out of the coronavirus pandemic, including securities class actions alleging that defendants made false claims about the efficacy of their COVID-19 vaccines, treatments, and tests. [read post]
27 Mar 2023, 11:08 am
In many regards, Havens Realty reminds me of the Lemon Test. [read post]
27 Mar 2023, 10:50 am
The fun began with the cross-examination by plaintiffs' counsel Joshua Dale. [read post]
How Has Blockchain Technology Fared in China? –from a case study of LRB to the most recent NFT cases
27 Mar 2023, 9:50 am
By Cynthia Li Little Red Book (“LRB” in the rest of the blog), the leading Chinese lifestyle social media and E-commerce platform indulges its over 200 million monthly active users with a metaverse experience. [read post]
27 Mar 2023, 4:00 am
On one hand, various Justices seemed skeptical of the argument for plaintiff Jack Daniel's that the Court should completely reject the test used by the Ninth Circuit and originally developed by the Second Circuit--under which the First Amendment imposes a threshold requirement for plaintiffs asserting that expressive works infringe trademarks. [read post]
27 Mar 2023, 1:25 am
The patient records were used to test the app and, as the data processing took place without the patients’ consent or knowledge, the claimants argue that they suffered a loss of control of their private information. [read post]
26 Mar 2023, 8:00 am
Given this reality, it seems truly bizarre to me that a plaintiff’s lawyers mere unsubstantiated allegations could possibly be seen as sufficient to completely undermine the insurance contract’s essential purpose. [read post]
25 Mar 2023, 5:09 pm
Co., 219 Ill. 2d 430, 450 (2006) These private tests to determine the validity of a forum non conveniens claim are a really a common sense “totality of the circumstances” test. [read post]
24 Mar 2023, 12:30 pm
At every step along the way, from his failure to investigate and interview witnesses to his failure to meaningfully test the prosecution's case, Steingold failed to conduct himself in the manner consistent with effective representation. [read post]
24 Mar 2023, 9:28 am
The court noted that the plaintiffs’ allegations regarding their exclusion from the wide-ranging exceptions to the ABC test — and disparaging remarks made by certain legislators about the plaintiffs’ companies — are enough to sustain a claim that the plaintiffs were singled out in violation of the Equal Protection Clause. [read post]
24 Mar 2023, 7:48 am
The plaintiffs request a preliminary injunction, and U.S. [read post]
