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10 Jul 2013, 7:16 am
Williams, the defendant claimed that CPLR 4401-a required expert testimony as to both parts of the informed consent analysis. The Fourth Department disagreed holding that "expert testimony concerning what a reasonable person would have done in plaintiff’s position is not necessary to maintain a cause of action premised upon lack of informed consent." [read post]
21 Jun 2009, 10:22 am
Qore argued that a Bradford employee had observed the improper work, and had testified that “in hindsight,” it had been a mistake to rely on Qore’s testing. [read post]
29 Aug 2019, 10:10 am
In a filing with the Equal Employment Opportunity Commission (EEOC), the plaintiffs alleged that they were disparately impacted by the pre-employment skills test or that their applications were stalled in some other way. [read post]
10 Jan 2014, 4:10 pm
Plaintiff Save the Plastic Bag Coalition (Coalition) lost a third consecutive published appellate decision in its litigation campaign to require EIRs for virtually all local ordinances that ban or restrict the use of single-use plastic bags in favor of alternatives deemed environmentally superior. [read post]
17 Oct 2011, 7:00 am
A divided panel of the Second Circuit, however, took a giant step back from the test in reversing a trial court decision in favor of the plaintiffs in a hot news dispute involving the dissemination of securities analyst report summaries. [read post]
11 Jun 2013, 11:20 am
In the threshold remuneration test adopted by most of the Courts addressing the issue, the plaintiff-volunteer must make a threshold showing that she received remuneration or some other significant indirect benefit. [read post]
15 Nov 2010, 9:45 am
Continue reading "The Motion to Dismiss for Workplace Plaintiffs after Iqbal and Twombly" [read post]
29 Apr 2024, 8:34 am
Disputes over whether a plaintiff has waived privilege can be especially difficult in federal court, where there is no single test to determine waiver. [read post]
13 Apr 2009, 9:50 pm
" Ford argued for a "risk-utility test. [read post]
1 Sep 2011, 8:02 am
First, the basic test for determining causation remains the "but for" test. [read post]
29 Apr 2013, 5:54 pm
The workplace arguably had severe or pervasive sexual harassment, and the test governing city and federal retaliation claims is substantially identical, as least as to whether management's response would dissuade a reasonable employee from complaining again. [read post]
27 Jun 2013, 4:30 am
The Lederman complaint failed both tests. [read post]
20 Mar 2016, 6:14 pm
Second, that pre-Smith "least restrictive means" test, which RFRA restores, is not the same as the test the Court employs when it evaluates a facially discriminatory law; and therefore the Court has erred in referring to the RFRA test as “the most demanding test known to constitutional law. [read post]
9 Jan 2013, 4:00 am
The plaintiffs identified the following negligent acts: Mylan allegedly a) failed to use ordinary care in designing, testing and manufacturing [MFTS] so as to avoid the high risk to users of unreasonable, dangerous side-effects……. [read post]
30 Jan 2009, 2:23 pm
According to the plaintiffs, the FDA report shows that PCA knew they were shipping products that were likely to be contaminated. [read post]
6 Aug 2013, 10:34 am
First, the County argued that application of the factors in the balancing test announced by the U.S. [read post]
3 Nov 2009, 7:39 am
The plaintiff disputed the assessment, claiming he had severed his domicile in Maryland and established a domicile in Maine.The court applied the two-pronged test for determining a change in domicile articulated in Shenton v. [read post]
5 May 2010, 5:18 am
Most of us know that in order to manage reactions to a personal injury story the plaintiff begins with the bad acts of the defendant as opposed to the sad story of the plaintiff. [read post]
10 Jun 2011, 5:15 am
" Defendant contended that the plaintiff's patents failed the "machine" prong of the Bilski test because the claims only require aspects of a general purpose computer. [read post]
8 Jan 2019, 5:00 pm
Another plaintiff alleges CIGNA charged her more than $2,000 for a blood test, claiming the procedure cost more than $17,000. [read post]
