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27 May 2016, 6:37 am by Steven Cohen
Discussion: The court moved through the four part test of Daubert in turn. [read post]
11 Jul 2022, 5:04 am by Y. Michael Yin, JD
These can be overly complex as a result of the analytical test the courts use to determine whether the award has marital components. [read post]
29 Jan 2007, 12:02 am
Laney of Plainview, these excerpts from the deposition of the defendant's expert in a workers' compensation case; the expert has just testified that - contrary to the opinion of the treating physician - he believes the plaintiff could return to work (even though he had no idea of what the plaintiff did before he was injured). [read post]
12 Jul 2016, 7:36 am by Robin Shea
The plaintiffs also say that OSHA did not comply with procedures it is required to follow before issuing a new rule, and did not conduct a required regulatory analysis. [read post]
13 Sep 2007, 5:11 am
This proposed standing test would be similar to the relaxed standing test for procedural rights plaintiffs but is based on the Court's historic parens patriae decisions. [read post]
11 Sep 2023, 10:57 am by Steven Cohen
  The plaintiff hired Lithium Ion Battery Fires Expert Witness Michael Eskra to provide testimony. [read post]
25 Dec 2007, 10:40 am
It would be hard to accuse this administration’s Justice Department of going easy on plaintiffs’ lawyers. [read post]
1 Jan 2015, 3:29 pm by Kirk Jenkins
 A contractor hired to solve the problem confirmed the extent of the defects, as well as concluding that the defects couldn’t have been discovered without extensive testing and partial demolition of the units. [read post]
1 Mar 2019, 6:10 am by Second Circuit Civil Rights Blog
The test is whether she was "similarly situated in all material respects to individuals with whom she seeks to compare herself," as per Graham v. [read post]
17 Aug 2020, 8:30 am by Rebecca Tushnet
” They argued that, if they sincerely held a religious belief that the product was good, the government had no right whatsoever to test the validity of their representations. [read post]
1 Mar 2017, 5:00 am by Elaine Nolen
Two confidential witness statements from Fitbit data contractors reported Fitbit’s internal testing revealed the heart rate technology was inaccurate. [read post]
21 Oct 2013, 6:43 am
Nonetheless, Ford’s general practice is not to seek bifurcation, particularly if doing so might preclude moving for summary judgment on the named plaintiffs’ claims early on in the litigation.[3] Focus on the Named Plaintiffs Keep in mind that outside counsel will need to explore in discovery the nature of the named class representatives’ claims and how class counsel proposes to prove the merits of the class claims in order to test the adequacy of the… [read post]
15 Dec 2015, 4:39 am by Jon Hyman
The court applied a two-pronged test to determine whether the police officers were entitled to overtime for off-duty emailing. [read post]
26 Jan 2021, 6:30 am by Second Circuit Civil Rights Blog
 While plaintiff sues the International Association and the School Board in Connecticut where she worked, the problem is that plaintiff was not an employee of either entity. [read post]
21 Oct 2013, 6:43 am
Nonetheless, Ford’s general practice is not to seek bifurcation, particularly if doing so might preclude moving for summary judgment on the named plaintiffs’ claims early on in the litigation.[3] Focus on the Named Plaintiffs Keep in mind that outside counsel will need to explore in discovery the nature of the named class representatives’ claims and how class counsel proposes to prove the merits of the class claims in order to test the adequacy of the… [read post]
24 Aug 2020, 5:38 am by Second Circuit Civil Rights Blog
There may be limits to the trial court’s authority to haul the jury back into the case, but this case does not test those limits. [read post]
15 Sep 2021, 7:28 am by Rebecca Tushnet
” Although the Seventh Circuit hasn’t adopted Gordon & Breach, the court looked to that test for guidance as well. [read post]