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13 Apr 2021, 3:30 am
Here, the Eleventh Circuit concluded that a jury could find harm to the plaintiff: [W]hen faced with the essential-functions test (or at the first sign of pain from the essential-functions test) that would end her employment if she did not pass it, [the plaintiff] would have made the informed decision to first take the full twelve weeks of FMLA leave. [read post]
12 Apr 2021, 9:06 pm
Morgan identifies two scenarios in which litigants have tested the waters to apply the integration mandate to prisons. [read post]
12 Apr 2021, 6:47 am
She also passed roadside eye tests that are given to detect possible drug use. [read post]
10 Apr 2021, 12:59 pm
The plaintiff didn’t introduce sufficient contrary evidence. [read post]
9 Apr 2021, 10:01 pm
If the Plaintiffs are entitled to relief, they should be given relief. [read post]
9 Apr 2021, 12:48 pm
Arbitration provisions in IC agreements are constantly being attacked by plaintiffs’ class action lawyers, who advance new and different arguments to try to avoid arbitration. [read post]
9 Apr 2021, 12:12 pm
., the employee plaintiff, Deborah Kofler, was a residential/commercial cleaner who requested two weeks of unpaid leave under the FFCRA to care for her two children who had to stay home due to the pandemic. [read post]
9 Apr 2021, 11:16 am
A week after his discharge, he returned, and tests revealed that the infection spread to his brain. [read post]
9 Apr 2021, 8:24 am
” The court also approved the district court’s application of the US Supreme Court’s undue burden test, finding that the plaintiffs would likely succeed in their constitutional challenge. [read post]
8 Apr 2021, 1:06 pm
Looking Ahead Plaintiff’s counsel in this case has vowed to appeal to the Supreme Court. [read post]
7 Apr 2021, 5:49 pm
That’s means that so long as you meet the disability test(s) for these benefits; and they are deemed to be reasonable and necessary, these benefits will be paid out to the accident victim. [read post]
7 Apr 2021, 4:13 pm
Examples of Medical Malpractice The following is not meant to be a complete list; however, patients filed medical malpractice lawsuits in the following areas: Medical mistakes Misdiagnosis Failure to diagnose Failure to warn of possible risks of treatment Failure to order testing Symptom recognition failure Disregarding or misreading lab results or diagnostic tests Medication or anesthesia errors Inappropriate medication or inaccurate dosage Failure to collect patient history… [read post]
7 Apr 2021, 12:28 pm
Plaintiff's citation to Jackson is of no help to her because the Court in Jackson specifically analogized the posting of a sonogram of the twins the plaintiff had been carrying prior to her abortion to the unauthorized distribution of photographs of a decapitated accident victim. [read post]
7 Apr 2021, 8:14 am
The Court considered his standing under two tests – the four-part proximity test used by many courts outside the Ninth Circuit and the deterrent effect test sometimes used by the Ninth Circuit. [read post]
7 Apr 2021, 5:01 am
Gilley's use of the New Censorship Video satisfies every other prong of the fair use test. [read post]
7 Apr 2021, 3:30 am
Justice Marshall argued that one couldn’t reconcile the de minimis cost test with the “plain words” of Title VII. [read post]
6 Apr 2021, 8:15 pm
The District Court for the Southern District of New York found in favor of plaintiff Jessica Denson and against defendant Donald J. [read post]
6 Apr 2021, 3:20 pm
Newstex argues, and we agree, that Latimer did not create an exclusive test. [read post]
6 Apr 2021, 2:30 pm
The plaintiff presented one expert witness. [read post]
6 Apr 2021, 1:40 pm
Based on their credentials, these individuals can provide testimony to support a plaintiff’s contention of negligence and the appropriate damages. [read post]
