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2 Dec 2013, 3:58 am
Tennessee Courts use a three-pronged test to assess proximate cause: 1. [read post]
31 Aug 2022, 6:40 am
The "part and parcel" language is a broad test, but it remains the law in the Second Circuit, which has frequently rejected public employee speech cases ever since. [read post]
13 Nov 2007, 4:40 am
With respect to the Rule 23(a)(4) adequacy of representation test, the district court held that the putative class representatives did not fall within the scope of the class defined in the complaint, id., at 99. [read post]
4 Nov 2010, 5:45 am
Dura Automotive Systems, Inc. (6th Cir. 11/3/10) [pdf], the 6th Circuit dismissed the claims of any of the plaintiffs who are not disabled under the ADA. [read post]
23 Jul 2012, 11:30 am
The plaintiffs appealed. [read post]
21 Aug 2020, 12:45 pm
” In such cases, “actual evidence of some injury resulting from the deception is an essential element of the plaintiff’s case. [read post]
22 Feb 2012, 5:47 am
Yes, that's what plaintiff's counsel did. [read post]
6 Apr 2007, 3:26 pm
The district court upheld the plaintiff's motion to compel. [read post]
22 May 2013, 8:44 am
In Koning & Associates, the plaintiff/employee was paid an hourly wage for 40 hours per week so that, in effect, he received an unvarying minimum amount of pay. [read post]
6 Dec 2016, 5:46 am
Endnote: In a concurring opinion, Judge Hamilton notes that the plaintiffs were non-scholarship athletes in a non-revenue-generating sport (UPenn Track and Field). [read post]
10 Dec 2010, 9:45 am
Because of the sheer volume of plaintiffs, the parties agreed to limit depositions to "test plaintiffs" - individuals from seventeen job categories. [read post]
20 Apr 2023, 5:47 am
Normally, Kavanaugh explained, that occurs when a plaintiff has a “complete and present cause of action” – that is, when the plaintiff can actually file a lawsuit and obtain relief. [read post]
30 Oct 2010, 7:37 pm
Resurfice 2007 SCC 7, para. 22 (internal quotation marks omitted): "[t]he general ... test for causation is the but for test, which requires the plaintiff to show that the injury would not have occurred but for the negligence of the defendant”. [read post]
5 Oct 2007, 1:42 am
" (The test for harassment under Canadian law also includes a subjective component.) [read post]
14 Mar 2011, 8:24 pm
” The court set forth the test for a preliminary injunction, consistent with Winter and its progeny. [read post]
21 Sep 2011, 5:53 pm
The airline fared better with respect to the second part of the test. [read post]
7 Feb 2012, 8:56 am
Plaintiffs' counsel claimed that Hammer and the nurse practitioner failed to recognize the abnormal progress of Plaintiff' pregnancy and thus failed to order ultrasound testing and earlier delivery before she went into labor. [read post]
14 Oct 2009, 8:16 am
Specifically the demurrer is based on the plaintiff-parents failure to satisfy the second prong of the three part test established in Thing v. [read post]
18 Jan 2024, 5:01 am
While this appeal focuses solely on Capital Health's conduct and whether it meets the test for federal officer jurisdiction, information regarding Plaintiff's PHI will necessarily be disclosed during the litigation of the appeal. [read post]
26 Apr 2023, 5:36 am
Plaintiff also needs to plead the actual damages and the proximate cause prongs of the test. [read post]
