Search for: "Test Plaintiff"
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7 Oct 2019, 10:01 pm
Davila denied the plaintiffs’ motion to modify the Special Discovery Master order that authorized the forensic imaging of devices belonging to 10 of the more than 90 named plaintiffs in order to allow Apple’s outside experts to performance test the devices, finding that “Apple’s interest in performance testing the forensic images outweighs Plaintiff’s privacy interest...Read the whole entry... [read post]
4 Oct 2015, 6:12 am
The building had been completely razed before the filing of the plaintiff’s lawsuit, and there was no way to test it for lead-based paint. [read post]
28 Feb 2022, 12:06 pm
Chembio’s antibody test was one of the first antibody tests authorized by the FDA during the COVID-19 public health emergency. [read post]
26 Feb 2013, 3:50 am
He canvassed the caselaw associated with requests for extensions for time to bring motions under other Rules, specifically those dealing with extensions to set a lawsuit down for trial, to craft a new legal test. [read post]
9 Jan 2020, 3:14 am
The court uses a four-factor test to determine whether there is substantial compliance with the LGTCA’s notice requirement: (1) the plaintiff makes some effort to provide the requisite notice; (2) the plaintiff does, in fact, give some kind of notice; (3) the notice provides requisite and timely notice of facts and circumstances giving rise to the claim; and (4) the notice fulfills the purpose of the LGTCA’s notice requirement. [read post]
26 Oct 2018, 3:05 pm
Therefore, the court found that as to plaintiff’s wage order claims, there is a triable issue of fact as to whether plaintiff was an employee under the ABC test. [read post]
16 Jul 2010, 3:07 pm
So: an anonymous blog quotes an unnamed NHTSA official saying that Toyota "planted" the WSJ story showing that NHTSA testing revealed that driver error was behind the reports of sudden acceleration. [read post]
21 Aug 2012, 4:52 am
Rule 702 provides a test of reliability, not of ultimate merit. [read post]
4 Oct 2007, 12:41 pm
Three tests are relevant under the FLSA to determining whether an employee is properly exempt from overtime requirements: (i) the salary basis test, (ii) the duties test, (iii) the salary level test. [read post]
22 Jan 2008, 1:44 am
Over at the Drug and Device Blog, Beck/Herrmann have a theory that they want tested with a scientific study:It strikes us that the plaintiffs in pharmaceutical product liability cases are always striking the educated jurors. [read post]
7 Dec 2015, 6:30 am
The failure of counsel to alert the plaintiff as to erroneous facts assumed by the plaintiff in filing the case (here, most claims of misappropriation must proceed based on inference).It is possible the Octane Fitness framework is no different than the California test, for the bad-faith determination is inherently fact-specific. [read post]
15 Oct 2014, 1:43 pm
New Hampshire Court holds that Unum properly terminated LTD benefits based on self-reported pain limitation clause in policy even though Plaintiff provided objective proof of disability through a positive trigger point test. [read post]
29 Jun 2024, 1:11 pm
THE PEOPLE, Plaintiff and Respondent, v. [read post]
19 May 2023, 8:41 am
Plaintiffs failed to identify a relevant “defect” in the tests. [read post]
12 Mar 2014, 6:00 am
The Fifth Circuit disagreed, finding that Plaintiff satisfied the two-prong seaman test: Though the Jones Act does not define “seaman,” Congress has elsewhere defined it as the “master or member of a crew of any vessel. [read post]
9 Dec 2016, 8:00 am
Specifically, the court explained that there are two ways a plaintiff can prove that a product is unreasonably dangerous: the consumer-expectation test and the risk-utility test. [read post]
9 Dec 2016, 8:00 am
Specifically, the court explained that there are two ways a plaintiff can prove that a product is unreasonably dangerous: the consumer-expectation test and the risk-utility test. [read post]
Maryland Court Finds Plaintiff’s Expert Failed to Establish Exclusivity of Lead-Based Paint Exposure
8 Oct 2016, 11:53 am
Second, the plaintiff must have tested positive for blood lead while at that house. [read post]
10 Mar 2016, 3:00 am
App. 4th 2006) (officers’ failure to honor plaintiff’s request for a breath test when carrying out a blood test under California’s implied consent law did not violate plaintiff’s constitutional rights even though state statute required that the arrestee be permitted to choose the type of chemical test) Kostyk v. [read post]
10 Mar 2016, 3:00 am
App. 4th 2006) (officers’ failure to honor plaintiff’s request for a breath test when carrying out a blood test under California’s implied consent law did not violate plaintiff’s constitutional rights even though state statute required that the arrestee be permitted to choose the type of chemical test) Kostyk v. [read post]