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1 Dec 2008, 12:04 pm
Without the class action allegations, plaintiffs were required to meet the $75,000 amount in controversy for diversity jurisdiction, and the federal court held that plaintiffs had failed to meet this test. [read post]
14 Dec 2016, 5:00 am
March 9), the Pennsylvania Superior Court affirmed a trial court's granting of a defendant's motion for a protective order prohibiting the presence of third-party observers during the standardized test portion of a neuropsychological evaluation.Following a motor vehicle accident that gave rise to this case, the plaintiff treated with a neuropsychologist and, during that treatment, the plaintiff's treating neuropsychologist employed standa [read post]
29 Feb 2012, 12:56 pm
It’s a good example of what’s coming — a news report delivered mostly on the web, which happened to reach New Jersey, where the plaintiff now seeks redress in State Court for libel. [read post]
20 Mar 2008, 10:25 pm
The Shigley Law Firm represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. [read post]
18 Apr 2016, 9:13 am
This was an issue because the home had been demolished since the plaintiff moved out, and it was never tested for lead-based paint prior to its demolition. [read post]
21 Feb 2008, 4:03 am
Plaintiff’s lawyer moved to remand the class action to state court on the ground that the amount in controversy failed under either test because the class action complaint specifically pleads amounts in controversy below the jurisdictional requirements. [read post]
20 Mar 2006, 2:09 am
He was seen several times each year but no doctor ever advised him of the risks and benefits of prostate cancer screening by digital rectal examination (DRE) and prostate specific antigen testing (PSA). [read post]
20 Mar 2014, 5:13 am
Evans is arguing to the state Supreme Court that if using medical marijuana is a lawful activity under Colorado law, then employers should not be allowed to fire a worker for using marijuana outside of work.A number of other courts have tackled the issue of drug testing in the work place brought by plaintiffs under different theories. [read post]
22 Dec 2008, 6:09 pm
Lawyers for the plaintiffs and lawyers for the manufacturers of gadolinium based MRI contract agents have filed a joint list of 193 NSF lawsuits which are eligible to be among the first cases prepared for trial in the consolidated federal litigation.There are over 350 NSF lawsuits that have been filed in federal and state courts throughout the United States alleging that the manufacturers of five different gadolinium MRI contrast agents failed to adequately test their products or… [read post]
18 Jun 2015, 7:36 am
The plaintiff filed suit against the defendant for medical malpractice. [read post]
4 Jun 2024, 4:30 am
Consistent with the doctor’s notes the plaintiff provided, the defendant tried to accommodate her by relocating her workspace and conducting indoor air quality testing. [read post]
18 Jun 2010, 8:07 am
The function of a demurrer is to test the sufficiency of a complaint as a matter of law and it only raises questions of law. [read post]
15 Feb 2024, 9:05 pm
“As to causation, the plaintiff’s submissions, which included deposition testimony, a laboratory test reporting the presence of EPEC in the plaintiff’s stool, medical records including the observations and conclusions of her treating physicians, and expert opinions from a medical doctor and a microbiologist, sufficiently raised a triable issue of fact without resorting to speculation “Contrary to the defendant’s medical expert,… [read post]
17 Jan 2023, 4:14 am
One such test requires, among other things, that the party seeking discovery show that it will suffer irreparable harm if the request is not granted. [read post]
28 Aug 2015, 8:59 am
As a result, many jurors will actually scrutinize the Plaintiff’s case for any reason that they can find to blame the Plaintiff for the injury or adverse result. [read post]
19 Jul 2017, 7:17 am
Actions that seem more conscious or intentional are more likely to meet the test for punitive damages — like driving a car when you know the brakes are defective or repeatedly driving when severely intoxicated. [read post]
8 Mar 2024, 8:00 am
The plaintiffs’ counsel engaged a nephrologist as their trial expert. [read post]
31 Jan 2007, 6:11 am
(i) The proper McMahan "test". . . [read post]
16 Oct 2008, 12:15 pm
Plaintiffs appealed to the 5th District Court of Appeals of Texas. [read post]
5 Apr 2021, 4:02 am
TTABlog Test: Is MS. [read post]
