Search for: "Test Plaintiff"
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9 Nov 2009, 2:58 am
The Court will decide the proper test for Section 101 patentability and will either decide or at least significantly impact the patentability of software and business method patents. [read post]
9 Nov 2016, 4:00 am
Instead, it holds that the plaintiff failed to state a claim under the post-Cel-Tech "tethering" test, under which, in the words of this opinion, "the public policy necessary to establish an unfair practice must be closely tied to a statute. [read post]
26 May 2023, 12:42 pm
While in France from August 2022 and November 2022, Plaintiff and the Child lived with Plaintiff’s mother in a guest house. [read post]
29 May 2015, 6:15 am
Nealon addressed a motion in limine filed by the plaintiff, Lori Detrick, in an automobile accident suit seeking to preclude evidence of a post-accident drug screen ordered by Detrick's treating doctor which contained a positive result for marijuana use.Given that Detrick had denied any marijuana use under oath at her deposition, the defense planned to cross-examine her with respect to a urine drug test that was positive for marijuana, to attack her credibility as part of the… [read post]
20 Jul 2012, 10:27 am
At 7:00 a.m., the cardiologist came to examine plaintiff, and he ordered tests to rule out a pulmonary embolus. [read post]
13 Dec 2010, 7:48 am
This is known as the Graben test. [read post]
24 Jan 2012, 12:42 pm
They contended that the plaintiff’s ability to pass her marriage and family therapist licensing test was stunted by her emotional anguish. [read post]
30 Jul 2018, 11:44 am
A flawed test or inappropriate test could result in findings that are misleading or inaccurate, and especially in a complex case like this, credibility is going to be of critical importance. [read post]
28 Jan 2013, 2:55 pm
That gets us out of Byrd’s “bound up” test. [read post]
29 Mar 2011, 2:03 pm
Furthermore, plaintiff’s engineer testified that the cart was functioning as originally delivered and that the braking system, while an older system, was reliable. [read post]
13 Mar 2007, 3:29 pm
Therefore, making a piece of evidence available for DNA testing doesn't necessarily mean that the defendant will serve less time in jail. [read post]
19 Aug 2009, 6:12 am
The Fifth Circuit test requires assessment of 1) the nature of the plaintiff's injury; 2) the directness or indirectness of the asserted injury; 3) the proximity or remoteness of the party to the alleged injurious conduct; 4) the speculativeness of the damages claim; and 5) the risk of duplicative damages or complexity in apportioning damages. [read post]
11 Mar 2019, 1:50 pm
The claim in that lawsuit was that the highway barrier was not tested and approved according to the Federal Highway Administration’s rules. [read post]
23 Jan 2019, 10:24 am
” There are no diagnostic tests available that can confirm pain due to neuropathy. [read post]
8 Mar 2013, 8:59 am
Sayonara.More significantly, for our purposes anyway, even the plaintiffs who “tested at or above” government action levels failed – for lack of “quantified” evidence of risk:[F]or any [plaintiff] to recover damages for medical monitoring, he or she must present expert testimony quantifying his or her risk of developing a latent disease. [read post]
9 Nov 2009, 9:32 am
"Defendant Pikett never tested the dog scent lineups' accuracy, nor did he establish a set of standards under which to conduct the lineups," the plaintiffs say. [read post]
19 Apr 2013, 10:47 am
Plaintiff did not appeal this decision. [read post]
2 Jul 2012, 11:55 am
The doctor tested the knot and they discovered that I had cancer. [read post]
8 Sep 2015, 7:19 am
Clarifying the pleading standards under Title VII in light of the Supreme Court's Iqbal ruling (2009), citing the recent Littlejohn case, the Court says, "a plaintiff is not required to plead a prima facie case under McDonnell Douglas, at least as the test was originally formulated, to defeat a motion to dismiss. [read post]
22 Jul 2024, 12:34 pm
Plaintiffs’ Lack Standing to Bring Jawboning Claims Article III of the U.S. [read post]
