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10 Jun 2022, 4:28 pm
But based on the record before this Court, the … balancing test tips in favor of the constitutionally embedded presumption of openness in this judicial proceeding…. [read post]
26 Mar 2024, 6:37 am
The Court notes that "[a] single incident may constitute a hostile work environment, and thus a materially adverse action, if it is 'extraordinarily severe.'” Under that test, plaintiff could have reasonably been dissuaded from complaining about discrimination again. [read post]
5 Apr 2015, 1:41 pm
Wesley, possible personal injury infirmities in the analysis of the data, including the methods used to test statistical significance, go to the weight the evidence is to be accorded at trial. [read post]
27 Jan 2013, 3:20 pm
MD2 seeks an order granting summary judgment dismissing the complaint asserted against him on the basis that he did not depart from good and accepted medical practice during his care and treatment of the plaintiff and that the action is time barred as although the plaintiff saw MD2 on four occasions following his surgery, all MD2 did was order laboratory tests and CT scans and then refer the plaintiff for surgical management. [read post]
3 Sep 2015, 11:59 am
Heller, notes that “[d]etermining which methodology a plaintiff can effectively use to meet the burden of proving that the defendant’s profits are attributable to the unauthorized use of the plaintiff’s image can be problematic” and offers some clues, among them a “trailer test”, where consumers are asked to spend poker chips on products bearing Plaintiff’s images and on others which do not. [read post]
19 Aug 2015, 3:03 pm
The plaintiffs also took issue with the panel’s ruling on their class certification motion. [read post]
26 May 2023, 1:52 pm
The Court sided with the plaintiffs, holding that the unconstitutional-conditions test was the applicable legal framework. [read post]
23 Mar 2016, 6:53 am
The new test devised by the Court narrows the opportunities for plaintiffs to win under this statute.The case is Graziadio v. [read post]
7 Jan 2013, 12:12 pm
It also alleged no facts that plausibly could satisfy either the risk-utility test for design defects, or the more demanding test for unavoidably unsafe products under Comment k to the Restatement (Second) of Torts § 402A. [read post]
10 May 2019, 7:38 am
Lynes determined that defendant was a special employer of plaintiff under the five-factor test first established in Blessing v. [read post]
22 Apr 2019, 3:47 pm
As the applicable tests for determining personal liability remain unclear, this will continue to be a difficult issue for directors to navigate. [read post]
24 Jan 2017, 5:49 am
I represented the plaintiff in Barboza. [read post]
16 Jan 2024, 9:34 am
The expert on product packaging didn’t adequately explain his testing methodology or resolve apparent contradictions in his reports about how many different products he tested; he didn’t have written records of what he did. [read post]
6 Aug 2018, 7:36 am
Courts in the Second Circuit apply an "ordinary observer test to determine if two works are substantially similar, but apply a “more discerning test” if works have both protectible and unprotectible elements or if, as in our case, copying is not exact. [read post]
10 Jan 2020, 11:37 am
January 7, 2020), the Court granted Defendant VMware’s motion to exclude certain testimony of Plaintiffs’ trademark expert, Vincent Mayfield. [read post]
10 Jan 2020, 11:37 am
January 7, 2020), the Court granted Defendant VMware’s motion to exclude certain testimony of Plaintiffs’ trademark expert, Vincent Mayfield. [read post]
9 Mar 2012, 4:00 am
But is a disabled employee who tests positive for illegal drugs still entitled to a reasonable accommodation (such as a new position that does not place other employees at risk)? [read post]
9 Mar 2012, 4:00 am
But is a disabled employee who tests positive for illegal drugs still entitled to a reasonable accommodation (such as a new position that does not place other employees at risk)? [read post]
28 Nov 2018, 10:41 am
Misstated important medical evidence in Plaintiff’s file. [read post]
28 Apr 2011, 6:00 am
The usual scenario is this: Plaintiff, or plaintiffs, file a class action. [read post]
