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6 Oct 2023, 9:37 am
Thus, the plaintiff has failed to meet his burden under the fourth factor of the Sony test. [read post]
2 Sep 2011, 7:50 am
Although the Eighth Circuit has not yet stated a test to determine joint employer status, four factors are typically examined by courts to make this determination. [read post]
24 Jun 2021, 8:00 am
Facts of the case The plaintiff employer had legally terminated the employment relationship with the defendant employee. [read post]
16 May 2019, 8:51 am
Williams’ opinion that soy causes hypothyroidism has not been properly tested or validated and has not been submitted to peer review. [read post]
23 Apr 2008, 10:40 am
The DNA tests may also play a role in determining amounts awarded in civil cases based on life expectancy of the plaintiff. [read post]
6 Mar 2024, 4:00 am
No Fifth Amendment Protection Defendant argued under the “balancing of the equities” test that requiring him to turn over his devices and accounts would violate his Fifth Amendment rights against self-incrimination. [read post]
17 Nov 2009, 9:49 am
The “realistic threat†test in Justice Breyer’s dissenting opinion in Summers offers a better approach to standing than either Summers’ unrealistic demand that plaintiffs precisely predict the future or Laidlaw’s focus on whether a plaintiff avoided recreational activities rather than whether the defendant’s activities caused actual harm. [read post]
22 Aug 2017, 7:01 am
It tests the principles and methodology, placing the judge in the position of gatekeeper. [read post]
5 Aug 2016, 7:06 am
He consented to a drug test and was fired after testing positive for trace amounts of marijuana metabolites. [read post]
4 Feb 2008, 6:00 am
Rather, we conclude the trial court, in applying the Parris balancing test, did not abuse its discretion.CashCall, slip op. at 34-35 (citing Parris v. [read post]
9 Jul 2012, 7:00 am
Concepcion invalidates the class waiver test in Gentry v. [read post]
15 Jan 2018, 8:31 am
The court sided with the plaintiff, stating that the conclusions in her report was based on interviews she had with the plaintiff as well as her examination of medical records, medical history, and education achievement test results. [read post]
28 May 2019, 7:21 am
The court further notes that the plaintiff was not personally tested or physically examined in any way. [read post]
8 Sep 2021, 9:00 am
” The declaration went on to state that the absence of Plaintiff’s own expert’s coefficient of friction test, Plaintiff did not have evidence to oppose the second ground of Albertson’s motion. [read post]
23 Jun 2022, 12:15 am
See Plaintiffs File Amended Complaint Against Yahoo! [read post]
22 Jan 2009, 12:40 pm
So far, Sims has offered the following posts: Website for Basic Info on Doctors When Doctors Claim Malingering Based on a Test That Is Not a Malingering Test Junk Defense #2: "Something Is Wrong With Your Client, but It Was Not Caused by the Accident" Overcome Junk Defenses - #1: "There Is Nothing Psychiatrically Wrong With Your Client" Plaintiff lawyers who like practical, hands-on tips should check in with this new weblog from time to time. [read post]
27 Mar 2011, 12:44 pm
The biggest challenge a plaintiff in a medical malpractice case usually faces is proving, on the balance of probabilities, that the defendant’s actions (or inaction) caused the plaintiff’s injuries. [read post]
5 Jul 2007, 3:59 pm
A recent bar examinee in Massachusetts failed the test and sued the Massachusetts Board of Bar Examiners. [read post]
19 Feb 2012, 1:45 pm
Following the accident, a test revealed that the defendant had a blood alcohol content of .14 percent, nearly twice the legal limit. [read post]
24 Sep 2008, 12:24 pm
Plaintiffs did not dispute that their class action involved more than 100 plaintiffs, or that the amount in controversy was more than $5,000,000, or that the minimal diversity test under CAFA had been met. [read post]
