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25 Mar 2019, 1:20 pm
The court states that Thomson did not explain how or why she reached her opinions nor provided a methodology that can be tested or subjected to peer review. [read post]
20 May 2008, 12:37 pm
A lot of commentators (especially internet and IP scholars, where the test most often rears its head) criticize the effects test because of its potential breadth and reach. [read post]
25 Jan 2016, 9:29 am
Among other things, the court rejected the Zippowebsite jurisdiction test as incompatible with modern internet practices, holding that traditional tests were readily applicable to internet-based conduct. [read post]
17 Jul 2017, 8:17 am
The claim, the court found, fell squarely within the two-pronged test for determining whether a plaintiff’s claim is foreclosed by the discretionary function exemption. [read post]
11 Aug 2021, 6:00 am
Chapman’s methodology had not been proven or tested,” and it found in favor of plaintiff and awarded her “compensatory damages and additional damages for her pain and suffering. [read post]
4 Oct 2012, 4:39 pm
The next test, at 6:15 a.m., showed a glucose level of 15. [read post]
29 Sep 2017, 9:13 am
The plaintiffs alleged that the fertility clinic never performed the test and sought damages to support their daughter’s care. [read post]
25 Nov 2016, 12:10 pm
One plaintiff called the incident, which occurred five years ago, “One of the hardest times of my life. [read post]
25 Nov 2016, 12:10 pm
One plaintiff called the incident, which occurred five years ago, “One of the hardest times of my life. [read post]
29 Dec 2020, 9:35 pm
[requiring employers to offer testing during “working hours” for close contact employees after workplace exposure], 3205.1(b) [requiring weekly workplace testing after a workplace “outbreak”], 3205.2(b) [requiring enhanced testing after a “Major COVID-19 outbreak”], and 3205.3(g) [requiring testing related to employer-provided housing]. [read post]
25 Jun 2010, 12:41 pm
The point that Justice Stevens and Judge Friendly, who developed the Second Circuit’s test, miss is that investors may not want the “protection” of U.S. law because it may actually be better for plaintiffs’ securities lawyers. [read post]
18 Jul 2017, 5:27 am
After the plaintiff disclosed as part of the application process that she was a medical marijuana user and would not pass the required pre-employment drug test, the company did not hire her and she filed suit. [read post]
21 Jan 2014, 8:22 am
Another expert was extrapolating from laboratory tests in a “troubling” way. [read post]
26 Sep 2011, 7:08 pm
Thus, further testing was rendered impossible. [read post]
18 Jul 2011, 1:11 pm
" Unum felt that this limitation on benefits applies to the plaintiff, who was suffering from diseases- notably fibromyalgia and chronic pain - not (at that time) thought to be verifiable through testing. [read post]
18 Jan 2012, 8:55 am
North Carolina doesn’t recognize a cause of action for failure to test or surveil. [read post]
5 Mar 2012, 12:11 am
Supreme Court enunciated a "transactions" test to determine the applicability of the U.S. securities laws. [read post]
15 Jul 2010, 10:47 pm
Reviewing the facts of the case and the Borello factors, the Court held that "under California's multi-faceted test of employment, there existed at the very least sufficient indicia of an employment relationship between the plaintiff Drivers and EGL such that a reasonable jury could find the existence of such a relationship. [read post]
16 Aug 2016, 6:18 am
To the contrary, Plaintiffs repeatedly asserted that [plaintiff’s] injuries were proximately caused by physician omissions, namely the failure to order a neurological or neurosurgical consult or an MRI or other diagnostic test. [read post]
14 Oct 2020, 7:08 am
The Court noted that Plaintiff’s biomechanical expert conceded that he could not conduct testing on the mountain where the pipe had been located even if it was not removed. [read post]
