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14 May 2018, 8:08 am
Doyle did not conduct any tests, and his fire investigation report contains contradictions. [read post]
15 Oct 2016, 7:46 pm
Via NextGov – Cost of Electronic Access to US Court Filings Faces Major Legal Test of Its Own: “…the paywall that surrounds Pacer is facing what may be its most serious test since the service emerged 28 years ago. [read post]
15 Feb 2017, 2:45 pm
It was established that the Defendant worked at the Plaintiff’s company as Production Director, therefore the Defendant had not been hired for inventing activities. [read post]
23 Jul 2007, 9:59 am
The treating physician at the hospital, who was also plaintiff's expert witness on causation at trial, testified that all other possibilities for causation of the stroke were excluded by testing. [read post]
8 Oct 2013, 11:59 am
This conflict is never more sharp than when a CEQA plaintiff’s counsel seeks relief from a default or mistake that would otherwise terminate a CEQA action in the defendant’s favor. [read post]
16 Dec 2013, 5:18 pm
While the new "but for" test creates a higher burden for plaintiffs (the old standard was "motivating factor"), "'but-for' causation does not require proof that retaliation was the only cause of the employer's action, but only that the adverse action would not have occurred in the absence of the retaliatory motive." [read post]
23 Jul 2017, 1:19 pm
Under that definition, the capillary blood lead test performed on the plaintiff in December 1994 while she was living at the defendant’s property was invalid. [read post]
10 Jan 2017, 10:16 pm
” Judge Klausner performed the extrinsic test, analyzing whether Defendants used copyright protected elements from Plaintiff’s works. [read post]
25 May 2024, 7:19 am
After various tests at the hospital, Ms. [read post]
26 Jul 2017, 9:26 am
The tests showed most of his vital signs were normal. [read post]
18 Jun 2007, 5:16 am
Plaintiff filed a motion to certify the litigation as a class action; defense attorneys objected that Rule 23(b)(3)’ superiority test had not been met. [read post]
5 Jul 2013, 2:56 pm
Plaintiffs again appealed to the Supreme Court. [read post]
17 Dec 2018, 3:19 pm
In one recent case, the Fourth Appellate District examined the C-prong of the ABC test, concluding that the plaintiff-appellant Garcia, a taxi driver, was improperly classified as an independent contractor under the ABC test. [read post]
18 Dec 2019, 5:00 am
”The plaintiffs bar attempted to paint a picture that the IME practice was being abused by the carriers by alleged repeated referrals of insureds for medical exams, by allegedly selecting doctors favorable to carriers, and in other ways.The plaintiff’s argument in Sayles was that the policy provisions in automobile insurance policies allowing a carrier to refer an insured to a medical exam to test the validity of the insured’s need for ongoing treatment… [read post]
22 Jul 2020, 12:11 pm
” The parties’ products directly competed, which favored plaintiffs in the multifactor confusion test. [read post]
10 Feb 2012, 1:56 pm
In most jurisdictions, the primary (and often the sole) test for whether a product has been defectively designed is whether the risks posed by that design outweigh any benefits it may have (cleverly known as the "risk-benefit test"). [read post]
17 Apr 2015, 8:08 am
Jones “effects test” for personal jurisdiction, along comes Binion v. [read post]
1 Jan 2021, 5:47 pm
As a result, plaintiff has a remedy available in the form of a challenge to the final evasion determination, when that happens. [read post]
20 Oct 2020, 6:07 am
She was advised that the test did not reveal any abnormalities. [read post]
8 Jun 2020, 4:34 pm
The court explained that to test reliability, it must examine the facts upon which the expert relies, the method by which the expert developed his or her opinion, and the manner in which the expert applied the facts and methods to the subject case. [read post]
