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25 Apr 2022, 6:00 am by patrickdaniellaw
Physicians run tests for whiplash and those tests are generally accepted across the board in the medical community. [read post]
25 Apr 2022, 4:32 am by Rebecca Tushnet
Plaintiffs also successfully alleged negligence under Florida law. [read post]
25 Apr 2022, 4:29 am by Rebecca Tushnet
” Those things depended on whether the proper tests had been performed, and “[t]his scientific inquiry is decidedly one left to the exclusive jurisdiction of the FDA under the FDCA. [read post]
23 Apr 2022, 4:33 am by Jeff DeFrancisco
Based on the findings of the tests, the defendants diagnosed her with small airway inflammatory disease. [read post]
22 Apr 2022, 4:45 pm by Lawrence Solum
Outside universities, lawyers are recruiting plaintiffs to challenge diversity statement requirements in court. [read post]
22 Apr 2022, 11:15 am by Parks, Chesin & Walbert
In deciding a worker misclassification case, the law directs the courts to look at the six factors of the “economic realities” test. [read post]
21 Apr 2022, 3:50 pm by Eugene Volokh
Colleges and universities serve as the founts of—and the testing grounds for—new ideas. [read post]
21 Apr 2022, 10:47 am by Michael
The Courts use a best interest test that is based on a Texas case from the 1970’s wherein lawyers have come to term the Holly Factors below. [read post]
20 Apr 2022, 7:24 pm by Francis Pileggi
In connection with the end of his employment with the plaintiffs: “… the defendant copied thousands of the plaintiffs’ confidential documents onto his personal devices. [read post]
20 Apr 2022, 7:09 am by John Elwood
., was filed by a plaintiff seeking to enforce a similar registration statute. [read post]
19 Apr 2022, 2:36 pm by Aaron Moss
” If a defendant used the plaintiff’s work “in a different manner or for a different purpose than the original,” Judge Leval suggested, the new work should be deemed a “transformative use” that furthers the objectives of copyright. [read post]
19 Apr 2022, 8:43 am by Leslie Francis
Ironically, these problems for plaintiffs may be traced to amendments to the Americans with Disabilities Act (ADA) that were intended to expand coverage for plaintiffs claiming disability discrimination. [read post]
18 Apr 2022, 10:34 am by Ronald Mann
For example, if a plaintiff does not appear for a court hearing because plaintiff’s counsel misunderstood the date of the hearing, Kemp would treat that as a 60(b)(1) mistake. [read post]
17 Apr 2022, 10:00 pm
R.C.P. 2179(a) on the basis that the trucking company did not regularly conduct business in Lackawanna County as required under the quality/quantity test for corporate venue. [read post]
17 Apr 2022, 2:58 am by SHG
Whether his probable cause determination was correct can be tested later, but in the moment, he can act without a prior probable cause determination and an arrest warrant issued by a neutral magistrate. [read post]
15 Apr 2022, 4:35 pm
Next, the Court of Appeals addressed the appropriate level of review for the constitutionality of the Rule and found that the deferential “rational basis” test was appropriate because it did not involve a “clearly suspect” criteria or infringe on a “fundamental” or “important personal” right. [read post]