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5 Oct 2017, 10:26 pm by Nathan Meyer
The Court of Appeals stated the three-part Hearn test for the implied waiver of the Privilege in Arizona: The assertion of the privilege was the result of some affirmative act, such as filing suit or raising an affirmative defense, by the asserting party. [read post]
6 Oct 2010, 9:08 am by Mark Tabakman
 I believe in those cases in which the plaintiff(s) submit only naked Affidavits, which nine times out of ten are identical, the Employer is better able to defeat a motion for conditional certification on the “modest factual showing” test, especially if the employer itself can demonstrate (i.e. deposition testimony) that there were “qualitative” differences between the named plaintiff and the others. [read post]
30 Apr 2010, 8:16 am by Moseley Collins
It would unwisely encourage costly and unreasonable over-testing and over-treatment for defensive purposes. [read post]
13 Feb 2019, 2:24 pm by emagraken
ICBC) the Plaintiff was injured in a 2013 collision caused by an unidentified motorist. [read post]
11 Jun 2018, 6:39 pm by Sam Turco
The plaintiffs spent two decades in prison for the rape and murder of Helen Wilson, but DNA testing revealed that the murder was actually committed by another individual. [read post]
12 Jan 2018, 10:36 am by Steven Cohen
Plaintiff filed suit against the defendant on a claim of trade dress infringement related to a French press coffeemaker. [read post]
30 Dec 2009, 2:23 pm by mbrickley
River water was tested after the incident, and the samples showed high levels of lead and thallium. [read post]
29 May 2013, 8:02 am by emagraken
Nguyen) the Plaintiff was injured in a multi-vehicle collision. [read post]
25 May 2010, 2:03 pm by MacIsaac
MacLean) the Plaintiff was involved in two 2003 motor vehicle accidents. [read post]
15 Dec 2014, 6:28 am
’`Second, a defendant owes a duty to protect a plaintiff when action by someone other than the defendant creates a foreseeable risk of harm to the plaintiff and the defendant and plaintiff stand in a special relationship. [read post]
30 Jul 2009, 6:49 am
Based on these statistics, Judge Garaufis held that the plaintiffs made out a prima facie case of disparate impact discrimination. [read post]
21 Feb 2017, 4:11 am by The Law Offices of John Day, P.C.
Plaintiff’s parents brought this negligence action, alleging that the school had a duty to protect plaintiff. [read post]
20 Mar 2014, 6:49 am by Joy Waltemath
In September 2012, a federal court in New York approved the use of an entry-level firefighter exam that was jointly developed by the United States, the intervening plaintiffs, and the city. [read post]
2 Jul 2014, 4:04 am
" Cox moved to quash the subpoena and the court, applying the Yelp test as well as Va. [read post]