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13 Sep 2022, 5:32 am
For instance, the plaintiff in Exxon v. [read post]
12 Sep 2022, 11:27 am
The plaintiff alleges that they tested samples of bacterial from numerous storm sewer systems and the data states that the cities’ stormwater discharges and the MS4 outfalls exceed bacteria water standards. [read post]
12 Sep 2022, 10:53 am
Many believe that the rash of COVID-related lawsuits will be the first great test that the PREP Act will undergo. [read post]
12 Sep 2022, 6:18 am
The test is whether she had a severe impairment that could be expected to result in death or that could last for a continuous period of 12 months. [read post]
11 Sep 2022, 8:40 pm
All told, there is a strong argument that both the legislative intent and the 7-factor test point to this being a criminal sanction. [read post]
10 Sep 2022, 9:15 pm
Throughout his stay, he underwent regular testing, including prostate specific antigen screenings. [read post]
10 Sep 2022, 3:47 pm
In circumstances involving an expressive work, a plaintiff with Lanham Act claims must instead overcome the test articulated in Rogers v. [read post]
9 Sep 2022, 2:55 pm
Under the California statutory test, as interpreted by the court, Tweeting out a quote reporting what a witness said in a trial (or perhaps even what a court said a witness said in a trial) might well be libelous, under the Republication Rule; that strikes me as wrong. [read post]
9 Sep 2022, 2:24 pm
§ 1291 and Article III of the Constitution when a plaintiff voluntarily dismisses its claims with prejudice in order to obtain review of an interlocutory ruling. [read post]
9 Sep 2022, 1:37 pm
Dupont chose to take 3 cases to trial, and each case resulted in substantial verdicts for the plaintiffs. [read post]
9 Sep 2022, 11:06 am
NEW JERSEY SUPREME COURT REQUIRES HIGH EVIDENTIARY BURDEN TO ESTABLISH INDEPENDENT CONTRACTOR STATUS UNDER “ABC” TEST. [read post]
9 Sep 2022, 6:48 am
A court would apply a rational basis test in which the governmental interest must be rationally related to a legitimate governmental interest. [read post]
9 Sep 2022, 6:05 am
The Court noted, though, that “in instances where the defendant has made the plaintiff’s situation no worse (nonfeasance), there is generally no duty to act,” and that the balancing test has generally not been applied in cases of nonfeasance. [read post]
9 Sep 2022, 5:04 am
The district court dismissed the case and the plaintiffs appealed to the Fifth Circuit Court of Appeals. [read post]
8 Sep 2022, 1:32 pm
Other factors to be considered are: whether the plaintiff has an individual interest in and need for the material whose return he seeks; whether the plaintiff would be irreparably injured by denial of the return of the property; and whether the plaintiff has an adequate remedy at law for the redress of his grievance. [read post]
8 Sep 2022, 7:15 am
Plaintiffs seek to hold Apple liable for its role in reviewing and making the Toast Plus app available, activity that satisfies the second prong of the Barnes test as publishing activity. [read post]
8 Sep 2022, 5:55 am
To fall within its scope, the plaintiff must prove that a manufacturer or seller knowingly violated a federal or state statute “applicable to the sale or marketing” of a firearm or ammunition. [read post]
7 Sep 2022, 3:10 pm
According to the plaintiff's attorney, the couple had no more protection than if they had been in a convertible. [read post]
7 Sep 2022, 2:28 pm
Since Argus, multiple plaintiffs have argued the FIA effectively codified the National Parks test. [read post]
7 Sep 2022, 8:48 am
The zone of interests test does not require that the statute directly regulate the plaintiff, nor does it require specific congressional intent to benefit the plaintiff. [read post]
