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12 May 2009, 4:00 am
The new test under Williams is "whether the plaintiff has proven … that she has been treated less well than other employees because of her gender. [read post]
11 Sep 2012, 5:37 am
In this case, the plaintiff's attorneys argued that there was no legal precedent as to require a grieving family to allow remains of their loved one to be tested by a legal foe and possibly used against them in court. [read post]
7 May 2020, 11:00 am
"The plaintiff must show that defendant’s use of the mark is either (1) 'not artistically relevant to the underlying work' or (2) 'explicitly misleads consumers as to the source or content of the work' in order to satisfy the Rogers test. [read post]
26 Apr 2010, 7:43 pm
” In contrast, the Second Circuit’s Rule 23(b)(2) test assesses a plaintiff’s subjective intent in bringing a lawsuit to determine whether monetary relief predominates over declaratory and injunctive relief. [read post]
3 Oct 2014, 12:20 pm
The court of appeals dismissed Plaintiff’s appeal with prejudice for Plaintiff’s failure to file a timely brief and appendix. [read post]
13 Jul 2012, 4:29 pm
The plaintiff is intent on getting his day in court. [read post]
14 May 2007, 5:23 am
In November 2000, GM offered to replace the sensors in plaintiffs’ cars, but the offer was rejected “because GM did not extend the offer to all DeVille owners and GM would not answer questions about the source of the parts, the number available, and whether the SISMs had been properly tested. [read post]
30 Nov 2014, 6:49 am
After conducting medical inquiries and subjecting applicants to testing, the company refused to hire the plaintiff and another fifty or more applicants because of a history of carpal tunnel or the alleged potential to develop it in the future. [read post]
16 Sep 2013, 12:34 pm
Additionally, are tort reformers really arguing against extensive tests to ensure that all bases have been covered? [read post]
23 Nov 2011, 10:52 am
When asked if those design alternatives had been tested, Mizen stated, “I don’t have to test it. [read post]
16 Aug 2021, 9:44 am
In ruling the drivers were properly classified as independent contractors, the court applied the economic realities test. [read post]
26 Jun 2019, 11:24 am
California law follows the “substantial factor” test in determining cause-in-fact. [read post]
18 Dec 2006, 10:17 pm
The trial court granted the motion, and plaintiffs sought review. [read post]
27 Jan 2022, 10:05 pm
In a post on the Lit Software blog, Oklahoma attorney Nicole Snapp-Holloway explains how she uses her iPad and the LIT SUITE apps in her practice as a plaintiff attorney handling nursing home cases. [read post]
19 Jun 2023, 11:57 am
In short, the Government has not ceased and does not plan to cease flooding Plaintiffs' lands. [read post]
22 Aug 2011, 9:41 am
An accused infringer is not required to test prior art products. [read post]
17 Jul 2017, 9:57 am
The court noted that prior case-law laid out a multi-factor test to determine whether a plaintiff was considered to be “occupying” a vehicle. [read post]
11 Aug 2009, 8:57 pm
Based on extensive testing and research, Mr. [read post]
New York Court Discusses What Constitutes Sufficient Evidence to Support a Failure to Diagnose Claim
28 Nov 2019, 3:14 pm
The attending physicians did not conduct any additional tests, however, and the plaintiff was discharged. [read post]
18 Sep 2018, 3:09 pm
I find that the plaintiff has satisfied the first branch of the test referred to in Thomas. [53] On the second branch of that test, the question is whether the presence of that defect amounted to an objectively unreasonable risk of harm. [read post]
