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29 Aug 2016, 9:00 am
Despite that built-in protection for police officers, this plaintiff makes out a false arrest claim arising from a highway DUI stop.The case is Sakoc v. [read post]
3 Nov 2014, 6:58 am
Defendants have proved more successful calling this a mere lack of substantiation claim when consumers are the plaintiffs. [read post]
30 Jan 2011, 4:50 am
In response to plaintiffs argument concerning the second test for successor liability, the Court cited to a U.S. [read post]
22 Jan 2019, 3:30 am
But, do you think that stopped the court from implying a private cause of action for the plaintiff? [read post]
2 Mar 2018, 6:53 am
Plaintiff sued defendants after being injured by a weedwacker. [read post]
10 Jul 2012, 3:51 pm
Publicis, the high profile employment discrimination, turned e-discovery test case, boasts enough drama and intrigue to keep you on the edge of your beach chair – which is lucky, since you’ve already finished the Fifty Shades trilogy. [read post]
12 Jun 2018, 10:54 am
The defendants also argue that Bishop’s testimony does not show 1) that she used any methodology to diagnose the plaintiff and 2) that the relationship between the how the testing was conducted and the underlying methodology was adequate. [read post]
29 Oct 2011, 6:24 am
In the second method, the test is whether "there is no reasonable basis for the district court to predict that the plaintiff might be able to recover against [the] in-state defendant. [read post]
30 May 2022, 3:01 am
The plaintiff sued the defendant retail store for damages that she sustained as a result of slipping and falling on a spillage of cake flour on the floor. [read post]
5 Jan 2017, 9:08 am
” Although the expert’s testimony may have established “substantial similarity under the extrinsic test,” it could not satisfy the plaintiff’s burden of proof under the intrinsic test. [read post]
7 Jul 2015, 6:03 am
On decertification, the court found that the proper test of whether the plaintiffs were properly classified as independent contractors was the “economic reality” test. [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]
19 Nov 2021, 10:47 am
Stress testing determines the effectiveness of the governance structure in addressing the needs of the particular firm at that point in time. [read post]
15 Jun 2017, 4:00 am
In order for the plaintiff to prevail, the plaintiff must meet all elements of the test. [read post]
29 Mar 2024, 2:45 pm
” The Supreme Court’s two-element test is more cumbersome for plaintiffs. [read post]
12 Oct 2018, 6:56 am
The plaintiff claims that other Facebook users defamed him in a Facebook group. [read post]
13 Sep 2023, 6:40 am
.) -- in case involving records of agency’s evaluation of a proposed land exchange, ruling that: (1) agency improperly withheld disputed records pursuant to Exemption 5, because they were either not deliberative or did not meet the foreseeable harm test; (2) agency properly relied on Exemption 6 to withhold employee’s work cell phone number and contact information of third parties, except for business contact information of real estate agents; and (3)(a) plaintiff… [read post]
23 Jan 2018, 4:00 am
The court concluded that two of the three plaintiffs had standing, and that they had stated a plausible claim that the judge's prayer practice violates the Lemon test. [read post]
11 Dec 2013, 5:55 am
” McCrary alleged that this claim was false because the combination of ingredients in Elations had never been tested. [read post]
24 Jun 2014, 4:00 am
Plaintiff claimed that the rule prevented "the home-schooler who is committed to play in a God-centered environment" from doing so. [read post]
