Search for: "Test Plaintiff"
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15 Apr 2014, 6:55 am
The plaintiffs alleged that certain television commercials, pamphlets, or brochures implied that the contraceptive had been tested and was found to be safe and effective for contraceptive purposes. [read post]
31 Dec 2015, 8:00 am
Without doing any other tests, the doctor suggested that he see a psychiatrist. [read post]
21 Sep 2011, 4:30 am
No other testing was done. [read post]
25 Apr 2008, 5:15 am
Thus, the first requirement of the test set out in Marshall is clearly satisfied. [read post]
25 Feb 2008, 5:01 am
February 19, 2008).* Plaintiff's complaint that the FBI planted surveillance equipment in his body and "teeths" was dismissed as fantasy. [read post]
22 Aug 2018, 3:05 am
“Use” of a trade mark:Since the Plaintiff had alleged infringement under sub-sections (1) to (4) of Section 29, the Court took cognizance of the fact and considered to test whether the defendants were really using “MERCYKIND” as a trade mark. [read post]
12 May 2008, 3:31 pm
” Allstate offered the underlying plaintiffs’ pleadings as support for its position. [read post]
3 May 2019, 10:42 am
Where plaintiffs may use Vazquez as a roadmap to manufacturing litigation, employers can use it as a roadmap to escape. [read post]
9 Apr 2014, 1:59 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]
23 Mar 2022, 12:11 pm
Call to Plaintiff’s counsel seemed like a good way that insurance auditors would have a hard time challenging). [read post]
26 Feb 2018, 3:54 pm
According to breath test reports, the driver had a blood alcohol content of 0.23 percent. [read post]
4 Feb 2011, 8:22 am
Further, the complaint does not provide sufficient detail about the defendants and their products such that defendants would be on notice as to which products or services are the subject of the suit.Moreover, plaintiff fails the plausibility test set forth in Iqbal. [read post]
1 Aug 2017, 10:07 am
If the plaintiff proves that a test has a significant disparate impact, and the defendant then fails to prove that the test is job related and consistent with business necessity, “then the defendant loses, regardless of the plaintiffs’ showing of an alternative. [read post]
19 Apr 2015, 1:56 pm
Indeed, the tests which, according to the dissent, the defendant failed to meet, were meant to apply in cases involving pendente lite [157 A.D.2d 824] applications when an interim evidentiary inquiry was not to be made (cf., Hite v. [read post]
31 Jul 2007, 8:10 am
The Court then went step by step through each factor, explaining how none warranted an award of attorney’s fees, despite the fact that the defendant had prevailed on a motion to dismiss - which is always a pretty good showing of a potentially severe absence of merit in the plaintiff’s claims. [read post]
28 Aug 2017, 6:02 am
Ficeto, 677 F.3d 60, 68 (2d Cir. 2012)), but how this test implicated the standards for class certification was not clear. [read post]
10 Oct 2015, 7:53 pm
Stated differently, to meet the test of rationality, which all courts and parties here have agreed is appropriate to this case, it must appear that there is "some ground of difference having a fair and substantial relation to the object of the legislation". [read post]
25 Apr 2020, 5:54 pm
Although the plaintiffs in this case did not avail themselves of the opportunity, the Court observed that limited discovery may be allowed in connection with the plaintiff satisfying its burden of proof to establish personal jurisdiction over defendants. [read post]
28 Sep 2020, 4:15 pm
The Court emphasized that this Public Interest Balancing Test is the “crux” or “heart” of the analysis. [read post]
27 Jan 2010, 10:30 am
The plaintiff claimed that her triple screen blood test found that she had a 2.6% chance her daughter would be born with Down syndrome. [read post]
