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15 Mar 2009, 6:00 am
One of the plaintiffs seeks halal meals and also object to TB testing that involves subcutaneous injection of substance derived from pork. [read post]
23 Dec 2009, 5:48 am
In the words of the court, the test plaintiff "lives in Georgia," ingested the drug in Georgia," suffered his injuries in Georgia," "all [plaintiff's] treating physicians are in Georgia," and "all of {plaintiff's] witnesses are in Georgia. [read post]
14 Oct 2021, 1:00 am
There was no vehicle near the boom when it struck the plaintiff. [read post]
11 Aug 2023, 6:30 am
This test is used to determine accountability and ensure that those who cause harm are held accountable for their actions. [read post]
11 Jun 2022, 4:28 pm
Schmidly, 738 F.3d 1196 (10th Cir. 2013)) which state the test for vicarious liability a bit differently. [read post]
14 Mar 2016, 7:45 pm
Moreover, the court found no merit in the plaintiffs’ argument that the same expert ignored contradictory scientific literature, pointing out that she had specifically addressed the leading study on which the plaintiffs relied. [read post]
17 Dec 2014, 4:30 am
The plaintiffs had been arrested for suspected drunk driving. Both submitted to breath tests administered using the Alcotest device, which reported, for each, a blood alcohol concentration (BAC) above .08%. [read post]
24 Sep 2014, 4:30 am
We do not agree with applying state local rules to test fraudulent joinder. [read post]
26 May 2013, 7:59 pm
Further, in order to satisfy the test of comparative disparagement, the plaintiff has to establish the following key elements: a) A false or misleading statement of fact has been made about his product; b) That the statement is deceiving or has the potential to deceive, the substantial segment of prospective consumer and; c) The deception is likely to influence consumer’s purchasing decisions. [read post]
6 Aug 2014, 4:49 am
The test results were conveyed to Dr. [read post]
29 May 2020, 6:55 am
Plaintiffs filed a class action lawsuit last month after at least nine individuals in custody died of COVID-19, and hundreds of staff and incarcerated people tested positive. [read post]
2 Feb 2012, 7:27 am
Per is physician’s referral, on November 2, 2010, the plaintiff was seen at Valley Radiologists for diagnostic testing, including MRIs of his cervical spine, thoracic spine, and lumbar spine. [read post]
10 Nov 2015, 6:20 am
The main issue in this case was which test the trial court should have used: the consumer expectations test or the risk utility test. [read post]
22 Feb 2019, 2:00 am
He was taken to an emergency room and underwent various tests. [read post]
26 Sep 2013, 4:19 am
Defendant contended that plaintiffs were exempt from overtime pursuant to the so-called “professional exemption. [read post]
24 Nov 2016, 9:59 pm
- By Michael Bartlett Even if the theory cannot meet the Daubert test for the admissibility of scientific evidence, it can be difficult to challenge. [read post]
25 May 2011, 9:53 am
(The dominant Gordon & Breach test is another reason the Conte Bros. [read post]
3 Apr 2023, 10:04 am
Her interpretation of what “Collagen + C” conveys was not relevant to the reasonable consumer test (and also tended to support plaintiffs anyway). [read post]
1 Aug 2017, 4:02 am
NJAC 13:13-2.8(a)(2).There is a two phase test in a discrimination action. [read post]
30 Oct 2015, 2:35 pm
Unforeseeable consequences do not meet this test and should not result in liability for fraud. [read post]
