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8 Jan 2010, 5:26 am
Once the earnings requirement is met-which it is as to the plaintiffs in this case-the short test has two prongs: first, the employee's primary duty must be administrative in nature, and second, his or her primary duty must include work requiring the exercise of discretion and independent judgment. [read post]
19 Feb 2018, 4:04 am
Plaintiff argued for the "most significant relationship" test, saying the North Carolina had the most significant relationship to the events leading to the misappropriation. [read post]
3 Feb 2009, 10:30 pm
But he didn't even try to account for the oxidation that necessarily occurred during this period:[Plaintiff's] prosthesis had been sterilized with GIA at least sixteen years earlier, and was stored in air for at least six years after explantation and before testing. [read post]
10 Jul 2008, 6:48 pm
Once again the Committee risks being used as a discovery proxy for plaintiffs suing companies called to testify before us. [read post]
15 May 2013, 5:15 am
We can think of arguing preemption in a case where a plaintiff is challenging the 510(k) status of a product, where the plaintiff argues that the clearance process is illegitimate, or that the manufacturer should have insisted on going the PMA route, or that the manufacturer should have engaged in testing above and beyond that required by the 510(k) clearance process. [read post]
6 May 2024, 5:01 am
Almost instantly, the University rushed to silence Plaintiff, placed him on interim suspension from the University, and published a statement to the University community which accused Plaintiff of a hate crime and placed Plaintiff's safety in grave jeopardy. [read post]
9 Mar 2011, 1:44 am
" Justice Tausendfreund concluded that the plaintiffs had met this "leave test" under Section 138.8 and granted them leave to pursue statutory claims for misrepresentation in the secondary market. [read post]
25 May 2015, 10:02 pm
According to the lawsuit, the first positive test from a patron came on March 29, and yet the restaurant stayed open until April 7. [read post]
4 May 2012, 7:52 pm
May 4, 2012) (granting mandamus and ordering district court on remand to use different legal test in ruling on motions to sever and transfer). [read post]
9 Oct 2007, 8:29 am
The Court therefore granted plaintiffs’ motion to strike or limit the testimony of the defense expert and prohibited him from using the Fake Bad Scale as an objective measure of effort, malingering or over-reporting of symptoms to bolster his opinion that the plaintiff was not credible nor truthful. [read post]
4 Sep 2008, 6:18 pm
As time goes on, the Plaintiffs' lawyers get wiser and the tide turns. [read post]
26 Oct 2015, 2:03 pm
Circuit stated that “the primary purpose test, sensibly and properly applied, cannot and does not draw a rigid distinction between a legal purpose on one hand and a business purpose on the other. [read post]
4 May 2018, 6:49 am
The Judge noted, “Courts have held that a plan cannot demand objective tests to establish a condition for which no objective tests exist. [read post]
26 Oct 2015, 2:03 pm
Circuit stated that “the primary purpose test, sensibly and properly applied, cannot and does not draw a rigid distinction between a legal purpose on one hand and a business purpose on the other. [read post]
4 May 2018, 6:49 am
The Judge noted, “Courts have held that a plan cannot demand objective tests to establish a condition for which no objective tests exist. [read post]
28 May 2014, 4:30 am
The plaintiff argued that the defendant failed to test for ONJ in its trial subjects and that a lowe [read post]
4 Oct 2016, 4:24 am
” Defendants, through their membership in INDA, allegedly “manipulated [INDA’s] test standards and guidelines making them weaker to guarantee [Defendants’] products could be marketed as ‘flushable’ under the INDA guidelines. [read post]
10 Feb 2014, 7:51 am
Under an objective test, the Plaintiffs pled sufficient facts to show that a reasonable person would believe he was not free to leave the room. [read post]
5 May 2007, 2:14 pm
Filed May 2, 2007--Opinion by Judge Timothy Meredith.Maddox, individually and as parent of her minor children, presents the following questions:(1) Because the plaintiffs' expert witness died, leaving them with no expert to testify, should the plaintiffs have been permitted to substitute an expert? [read post]
8 Feb 2017, 12:04 pm
Plaintiff sued defendant for strict products liability and breach of implied warranties for a fire that broke out in plaintiff’s headquarters. [read post]
