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29 Sep 2010, 12:29 pm
A personal injury case in Suffolk County recently became New York’s testing ground for the disclosure of information posted on Facebook and MySpace. [read post]
26 Apr 2010, 5:30 am
The plaintiffs also alleged that women with incorrect test results could not obtain their refunds because of the defendants’ reasons including chromosomal abnormalities in the fetus, vanishing twin syndrome, and infant deformities. [read post]
12 Jan 2021, 2:39 pm
At his final visit with the defendant in December 2015, a test indicated that the plaintiff suffered memory loss. [read post]
30 Oct 2009, 8:57 am
More than 200 patients exposed to high levels of radiation at Cedars-Sinai hospital filed suit, and attorneys say more plaintiffs could be added as word of the lawsuit spreads. [read post]
22 Sep 2008, 7:06 pm
The district court held no reasonable fact finder could find the marks likely to be confused.On appeal, the Seventh Circuit reminded us that the test for likelihood of confusion is not simply whether consumers will confuse two marks, but whether upon viewing the junior mark a consumer will be likely to associate the product or service with the source of the products or services of the senior mark. [read post]
18 Apr 2024, 9:58 pm
While Nikki will be focused on EEOC enforcement, she has some terrific tips that also relate to overall good practices including: Additional scrutiny applicable to traditionally male-dominated industries Aspects of commonplace safety policies and practices that create higher risks How post-offer physical demands testing can make employers susceptible to discrimination claims Specific accommodations viewed as reasonable for employees performing manual labor Hiring and… [read post]
6 May 2008, 3:35 pm
Given how relatively new the law is, it has not been fully tested at trial yet. [read post]
26 Jan 2015, 11:26 am
The therapist had made sure the ventilator was within certification and tested. [read post]
4 Nov 2022, 12:12 pm
" It also explained that "[t]he ultimate test for permitting a plaintiff to proceed anonymously is whether the plaintiff has a substantial privacy right which outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings. [read post]
15 May 2010, 8:30 am
Ironically, almost all of that loss has been caused by bad publicity from plaintiffs' attorneys lying about Toyota products. [read post]
1 Sep 2007, 3:46 pm
Although the test for capacity to make a will are legal tests (I have written about them here), medical evidence is certainly useful. [read post]
30 Jul 2018, 11:25 am
Plaintiff filed suit against defendant related to a slip and fall while the plaintiff was on board a cruise line. [read post]
23 Sep 2016, 11:02 am
Hoke, September 2, 2016, Alabama Supreme Court More Blog Entries: Eye Test as Means to Test for Concussion and Brain Injury, July 23, 2016, Boston Brain Injury Lawyer Blog The post Baptist Ventures, Inc. v. [read post]
21 Jul 2017, 1:06 pm
In Reynolds itself, we observed that the plaintiff in that case had not persuaded us that one may infer from the history and purposes of the statute at issue a clear legislative intent to depart . . . from the common law as to the question at issue. [read post]
17 Aug 2016, 1:11 pm
In 2006, Defendant sent a cease-and-desist letter to Plaintiff. [read post]
17 Aug 2016, 1:11 pm
In 2006, Defendant sent a cease-and-desist letter to Plaintiff. [read post]
25 Oct 2011, 6:56 am
At test of relevancy sometimes used by the Courts is the reasonable inference test, where the general test of relevancy of indirect evidence is whether it tends logically, naturally, and by reasonable inference to prove or disprove a material issue. [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]
7 Mar 2011, 1:39 pm
As such, there was no evidence that the employer rejected applicants who tested positive based on a calculation that an applicant might test positive because of a drug addiction, rather than because of recreational use.Finally, the plaintiff contended, summary judgment was in error because the employer only learned of the plaintiff’s drug addiction shortly after disqualifying him. [read post]
Delaware Supreme Court uses standing test from Primedia ruling to reverse merger challenge dismissal
14 Feb 2021, 3:24 pm
“Under Primedia’s three-part test, which applies to claims alleging an unfair merger because the price does not reflect the value of derivative claims, the plaintiff must allege a viable derivative claim assessed by a motion to dismiss standard,” Chief Justice Collins J. [read post]
