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31 Jan 2019, 9:07 am
Evidently, the test results were abnormal. [read post]
21 Dec 2010, 3:02 pm
Note that Mayer Brown colleagues Evan Tager, David Gossett, and Brian Willen filed an amicus brief in this case on the plaintiffs’ side, but I wasn’t involved with the brief, and didn’t even know of it until shortly after the panel opinion. [read post]
25 Feb 2016, 4:12 am
The alternative test, or standard of proof, is a “composite,” i.e., a standard of proof which states the consumer expectations test and the risk-utility test in the alternative. [read post]
11 Feb 2018, 9:12 am
On appeal, the court affirmed the lower court’s dismissal and plaintiff was not able to recover damages. [read post]
17 Sep 2018, 7:00 am
Upon a motion from the defendant manufacturer, the court precluded the plaintiff’s experts’ testimony based on the fact that the experts’ opinions did not rely on real-world physical prototype testing. [read post]
30 Sep 2013, 4:43 am
This has come to be known as the "of and concerning" test. [read post]
13 Jun 2023, 7:00 am
The next day, plaintiff was able to go to a free clinic to obtain a COVID-19 test. [read post]
24 Sep 2018, 10:51 am
Plaintiff also allegedly bottled and sold his own water directly.Plaintiff satisfied Lexmark’s zone of interests test by alleging that his spring water sales were depressed as a result of the misleading labels. [read post]
6 Aug 2020, 1:32 pm
The defendant did not conduct any diagnostic tests to assess the plaintiff’s symptoms. [read post]
23 Mar 2019, 2:15 pm
On plaintiffs’ motion for reconsideration, the MDL court reaffirmed its findings with respect to Jewell’s use of the mid-p. [read post]
19 Dec 2015, 8:28 am
“But Arbino has already gone through the rational basis test and has said this statute is constitutional as to everyone,” Justice O’Donnell, to plaintiffs’ counsel. [read post]
22 Oct 2015, 7:09 am
In determining whether Plaintiff’s claim qualified as a maritime tort, the Court cited the two-part test identified by the Ninth Circuit in Taghadomi v. [read post]
8 Apr 2013, 12:33 pm
Today, April 8, 2013, the trial for this so-called "bellwether", or test, case, Glynn v. [read post]
16 Mar 2017, 7:31 am
” Plaintiffs will presumably appeal this dismissal. [read post]
17 Jan 2020, 7:45 am
" Since plaintiff is a registered nurse, this case presents a dilemma for the Second Circuit (Cabranes, Raggi and Korman [D.J.]).In solving a case like this, the court applies a three-part test: "to qualify for the exemption, the employee must satisfy a 'primary duty test' consisting of three factors or prongs: (1) the work requires 'advanced knowledge,' (2) 'in a field of science or learning,' (3) 'customarily acquired by a… [read post]
8 Apr 2014, 6:02 am
But plaintiff’s tests also allegedly measured grams/minute and grams/shot, the same way the labeling did. [read post]
24 May 2013, 5:00 am
The plaintiff attempted to plead a "parallel" violation claim, and the defendant argued in return that he hadn’t done so.The key allegation was that the "Defendant failed to design, test, manufacture, market, sell, promote, label, and/or distribute the [device] implanted in Plaintiff's spine in accordance with the PMA requirements determined by the FDA." [read post]
11 Nov 2013, 8:15 am
Canada Adopts Lighter Class Certification Test. [read post]
21 Dec 2010, 7:27 pm
Thus, plaintiffs failed to meet their burden of showing that the testing done was insufficient to support the expiration date given. [read post]
10 Feb 2013, 10:53 am
The plaintiff has failed to substantiate a permanent or serious physical injury with an objective test or finding. [read post]
