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21 Jan 2011, 3:03 am
In effect, the rationality of the decision is reviewed under this standard. [read post]
Pasco County Injury Lawyer :: Nap Nanny and Chill Infant Recliners Recalled after Five Infant Deaths
20 Jun 2013, 1:57 pm
The Nap Nanny was not tested to federal standards, according to a spokeswoman for the advocacy group Kids In Danger, and a member of the standard setting committee for infant recliners. [read post]
8 Jul 2013, 6:47 am
The public redacted version of the June 4, 2013 United States International Trade Commission's (USITC, or just ITC) opinion on Samsung's complaint against Apple, culminating in an exclusion order, has finally become available. [read post]
12 Feb 2013, 7:44 am
In these cases, the Supreme Court declared that plaintiffs must meet a “factual plausibility” test in their complaints, providing enough factual specificity to explain the basis for their suit. [read post]
6 Jan 2017, 9:30 am
Here are some employment-related regulations to keep an eye on:OSHA retaliation procedures: OSHA has issued new procedures for handling retaliation complaints under various laws, such as Procedures for the Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act. [read post]
5 Apr 2010, 7:30 am
The managing editor of a leading tabloid effectively admitted as much in a letter concerning a complaint I conducted recently. [read post]
13 Jul 2018, 12:07 pm
It should be harder, as perhaps with some multi-part test or standard, rather than a few similar sounding certifications. [read post]
New Jersey Court Grants Title IX Reconsideration Based on Changed Pleading Standard in Third Circuit
7 Jan 2021, 12:44 pm
He argued that the allegations in his complaint were sufficient under the new standard. [read post]
11 Dec 2023, 12:00 pm
., eastern standard time…. [read post]
4 Nov 2010, 1:29 am
This is how the authors summarize the holdings of the two decisions: Together, Iqbal and Twombly held that, to comply with the pleading requirements of Rule 8(a) of the Federal Rules of Civil Procedure, a complaint must allege well-pleaded factual allegations (and not legal conclusions or bare recitations of the elements of a cause of action) that if presumed true 'plausibly give rise to an entitlement to relief.' Iqbal made clear this… [read post]
2 Apr 2021, 9:57 am
The standard which is used to determine if a healthcare provider’s actions were negligent is the “medical standard of care. [read post]
12 Sep 2012, 6:02 am
When the test seeps into the standard of care, its use will likely go up. [read post]
4 Jan 2008, 10:27 am
Here is the Complaint. [read post]
18 Jan 2013, 3:13 pm
Moreover, the court granted the agency leave to file a second amended complaint with an additional allegation that the leave policy operated as a “qualification standard, employment test or other selection criteria” that screens out or tends to screen out a class of individuals with a disability and is not job-related or consistent with business necessity. [read post]
12 Mar 2024, 6:16 am
It's still a stupid test. [read post]
3 Sep 2016, 2:00 am
It defers to "accepted medical standards. [read post]
22 Nov 2014, 6:00 am
The Act created the Occupational Safety and Health Administration (OSHA), which sets and enforces protective workplace safety and health standards. [read post]
4 Mar 2018, 3:30 am
The complaint requests preliminary and permanent injunction, declaratory relief, and both actual and treble damages on the... [read post]
14 Jul 2012, 12:45 pm
A defendant charged in a criminal complaint with drunk driving will also, in most jurisdictions, be facing parallel administrative or civil proceedings. [read post]
17 Jul 2012, 9:20 am
A defendant charged in a criminal complaint with drunk driving will also, in most jurisdictions, be facing parallel administrative or civil proceedings. [read post]