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15 Oct 2014, 1:04 pm
In response to the plaintiff’s expert, the defense presented an expert who claimed that no test could have predicted this particular chair’s defect. [read post]
21 Oct 2011, 6:21 am
Stein noted that the plaintiff had some neuropsychological testing where a doctor appeared to interpret a mild cognitive deficit to a traumatic brain injury. [read post]
8 Jun 2015, 10:45 am
A few months later, the plaintiff moved to North Carolina and began visiting a new oncologist, who, after performing a series of tests, confirmed that she had the MRSA virus. [read post]
7 Aug 2020, 6:00 pm
The defendant lab faxed the test results to the defendant physician that performed the biopsy, who then faxed a report to the defendant gynecologist, stating that the procedure had been performed and reporting the positive findings. [read post]
8 Feb 2018, 2:37 pm
First, the court finds jurisdiction based on the Calder effects test because “the Defendant [allegedly] willfully purchased the “Xymogen” AdWords advertising in order to trade on the Plaintiff’s reputation. [read post]
6 Dec 2019, 3:27 pm
In evaluating whether testimony is reliable, the court will assess whether the expert’s theory can be tested or has been subject to peer review, the known error rate of the theory, and whether the theory is widely accepted. [read post]
21 Jan 2020, 5:13 pm
The reported that the slug Plaintiff Chaunda partially consumed tested positive for the rat lungworm parasite, Angiostrongylus cantonesis. [read post]
17 Apr 2021, 11:11 am
§ 826.21(a)(1).It is notable that in Toro, Magistrate Judge Hoffman determined that the plaintiff had not satisfied the test, and recommended dismissal of plaintiff's claim for unpaid sick pay. [read post]
2 Jan 2014, 6:13 am
” Although “substantially indistinguishable” is ill-defined by the cases, the test is more rigorous than the confusion test, and no reasonable jury could find the marks here “substantially indistinguishable. [read post]
25 Feb 2020, 5:37 am
Is there an applicable means test for the Plaintiff’s disability? [read post]
6 Sep 2013, 5:23 pm
"The test is one of usefulness and reason." [read post]
30 Oct 2012, 12:01 am
"As a practical matter, Plaintiffs must continue to use their properties as manufactured home parks. [read post]
30 Oct 2012, 12:01 am
"As a practical matter, Plaintiffs must continue to use their properties as manufactured home parks. [read post]
23 Sep 2019, 3:35 am
Of note, the Court also stated: This Court has rejected the proposition that a health care liability defendant has a duty to assist a plaintiff achieve compliance or to test whether an obviously deficient HIPAA form would allow the release of records. [read post]
27 Feb 2016, 1:59 pm
If a person is arrested for DUI/OVI and tests over the limit, or refuses to test, that person’s license is suspended immediately. [read post]
27 Feb 2016, 1:59 pm
If a person is arrested for DUI/OVI and tests over the limit, or refuses to test, that person’s license is suspended immediately. [read post]
6 Nov 2014, 10:36 am
Sulyma, 2013 BCCA 349, when considering the trial judge’s assessment of causation in a similar case: [29] I do not read the trial judge in this case… as having found that this was one of those exceptional cases in which the “but for” test is to be “relaxed” by recourse to a “material contribution to risk” test. [read post]
6 Oct 2011, 6:12 am
Doctors performed a test and determined that was allergic to Titanium. [read post]
13 Feb 2009, 4:21 am
When a court provides a second opportunity for a plaintiff to meet the standard after a motion or appeal, the court’s decision “provides a roadmap for the plaintiff on what holes to fix. [read post]
18 Mar 2011, 7:51 am
Chumley of the excellent Management Rights Blog noted yesterday, this puts the Sixth Circuit in the distinct minority of the appellate courts to consider the standard of proof on causation in an ADA case: “Of the ten circuits to consider the causation issue, eight apply a 'motivating factor' (or 'substantial cause') test, under which a plaintiff must only show that a disability was a motivating factor of the adverse employment action. [read post]
