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26 May 2017, 3:29 pm
Because we conclude that San Francisco’s public nudity ordinance is a valid regulation under the O’Brien test, even if we assume that more of Plaintiffs’ conduct was likely to communicate a message to those who saw it, Plaintiffs’ complaint would not be saved through further amendment. [read post]
17 Oct 2018, 7:42 am
Further, he noted that he field tested the properties with his made-to-measure wheelchair. [read post]
21 Jul 2007, 8:49 am
The fund refused to pay and the Plaintiff sued. [read post]
16 Apr 2016, 12:50 pm
In many cases, former employees are rushing to qui tam plaintiff attorneys to find grounds for filing cases. [read post]
1 May 2017, 11:13 am
And as this case illustrates, the “ongoing relationship” test spelled out by Ellis and applied here is vague at best. [read post]
22 Jul 2014, 8:00 am
Maryann Giannetti was 52 years old when she underwent a stress test at St. [read post]
28 Jan 2016, 2:42 am
Another testified that the plaintiff’s doctor had misinterpreted his testing and that the plaintiff had suffered a mild traumatic brain injury or concussion but didn’t have cognitive dysfunction as a result. [read post]
21 Oct 2020, 3:30 am
The six-part “economic reality” test. [read post]
2 Apr 2013, 4:13 am
The test makes more sense if you examine communicative intent first. [read post]
5 Apr 2023, 5:42 am
Taken together with the demand futility test, this means that the plaintiffs needed to plead that a majority of the director defendants faced a substantial likelihood of liability for breaching their duty of loyalty, acting in bad faith, committing intentional misconduct, or knowingly violating the law. [read post]
4 Jan 2016, 10:02 am
The physician who performed the test was a thoracic surgeon. [read post]
3 Jul 2017, 7:50 am
Through diligent testing and a thorough analysis of a couple’s medical history, doctors are now able to advise parents about which, if any, conditions their offspring may be at risk of developing. [read post]
23 Apr 2014, 3:13 pm
However, in order to be sufficient to establish a prima facie case of serious physical injury the affirmation or affidavit must contain medical findings, which are based on the physician's own examination, tests and observations and review of the record rather than manifesting only the plaintiff's subjective complaints. [read post]
23 Apr 2014, 3:13 pm
However, in order to be sufficient to establish a prima facie case of serious physical injury the affirmation or affidavit must contain medical findings, which are based on the physician's own examination, tests and observations and review of the record rather than manifesting only the plaintiff's subjective complaints. [read post]
9 Apr 2014, 2:59 am
Joint Employment The Third Circuit found that the plaintiff’s allegations were sufficient to state a claim that SAMC and REMN were joint employers under the FLSA based on the “Enterprise test” set forth in In re Enterprise Rent-A-Car Wage & Hour Emp't Prac. [read post]
28 Dec 2015, 2:46 pm
Plaintiff wore her shirt without any disruption on August 5, 2015. [read post]
15 Nov 2006, 6:52 am
(Vieques, if you recall is an island off Puerto Rico that the Navy uses a testing range, has arouse much political ire.) [read post]
10 Nov 2008, 4:05 pm
Because of this failure to diagnose, the Plaintiff claims that his wife's chances of survival went down from 80% to 50%-60%. [read post]
10 Nov 2008, 4:05 pm
Because of this failure to diagnose, the Plaintiff claims that his wife's chances of survival went down from 80% to 50%-60%. [read post]
4 Dec 2016, 9:51 pm
Because Plaintiff-Appellant’s claim of an ongoing regulatory taking was moot, and its temporary takings claim failed to satisfy the Williamson County test, the court affirmed the district court’s dismissal of this action. [read post]
