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27 Jan 2010, 10:30 am by Ronald V. Miller, Jr.
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]
24 Nov 2009, 6:06 am by Ashby Jones
Stories like the following provide a sort of Rorschach test for those inclined to weigh in on the health care debate. [read post]
9 Mar 2013, 9:05 am by Stephen Bilkis
Finally, defendant submits an affirmed report from an orthopedic surgeon, who examined plaintiff and performed a range of motion tests using a goniometer a well as other clinical tests, and found that plaintiff’s cervical strain with radiculitis, thoracolumbosacral strain, and bilateral shoulder contusion were all resolved. [read post]
9 Mar 2013, 9:05 am by Stephen Bilkis
Finally, defendant submits an affirmed report from an orthopedic surgeon, who examined plaintiff and performed a range of motion tests using a goniometer a well as other clinical tests, and found that plaintiff’s cervical strain with radiculitis, thoracolumbosacral strain, and bilateral shoulder contusion were all resolved. [read post]
9 Mar 2013, 9:05 am by Stephen Bilkis
Finally, defendant submits an affirmed report from an orthopedic surgeon, who examined plaintiff and performed a range of motion tests using a goniometer a well as other clinical tests, and found that plaintiff’s cervical strain with radiculitis, thoracolumbosacral strain, and bilateral shoulder contusion were all resolved. [read post]
9 Mar 2013, 9:05 am by Stephen Bilkis
Finally, defendant submits an affirmed report from an orthopedic surgeon, who examined plaintiff and performed a range of motion tests using a goniometer a well as other clinical tests, and found that plaintiff’s cervical strain with radiculitis, thoracolumbosacral strain, and bilateral shoulder contusion were all resolved. [read post]
26 Apr 2010, 4:11 pm
  Plaintiffs who have been injured by their doctors need more – much more – than anecdotal evidence to prove their doctor acted negligently. [read post]
16 Dec 2014, 11:20 am by Michael Walsh
Ultimately, the test is whether the exercise of jurisdiction is reasonable and consistent with fair play and substantial justice, and the Court of Appeal found that it was. [read post]
3 Oct 2018, 6:21 am by Second Circuit Civil Rights Blog
Why can't plaintiffs get liquidated damages under state and federal law? [read post]
1 Sep 2017, 6:21 am by Second Circuit Civil Rights Blog
The Court of Appeals (Raggi, Leval and Lohier) says plaintiff has a case.As with all provisions of the Bill of Rights, we have multi-part balancing tests governing these disputes. [read post]
30 Jan 2024, 9:33 am by Rebecca Tushnet
Here, whether the plaintiff’s asserted definitions are reasonable were for the jury to decide as part of the overall reasonable-consumer test. [read post]
15 Nov 2012, 11:08 am
For these reasons, the court is finding in favor of the plaintiffs. [read post]
23 Mar 2018, 5:32 am by Second Circuit Civil Rights Blog
Henderickson, 135 S.Ct. 2466 (2015), which mandated an objective test: whether a reasonable person would appreciate the risk to which the pre-trial detainee was subjected. [read post]
20 Sep 2024, 9:11 am by Rebecca Tushnet
” But Bayer’s vice president of marketing mentioned that she “would keep [the word “natural”] to test ... [read post]
21 Oct 2013, 10:26 am by John Stigi
Pension Trust has not only placed the burden of testing whether 1933 Act claims are timebarred squarely on defendants, but also has eased the standard for measuring the limitations period in plaintiffs’ favor. [read post]
16 Feb 2023, 2:39 am by Donald Dinnie
The court drew a causal link between the defendant’s failure to provide the plaintiff with the necessary training and supervision and the injuries suffered by the Plaintiff, by applying the “but for” test. [read post]