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3 Feb 2021, 2:17 pm
In turn, however, the plaintiff provided an affirmation of an expert in emergency medicine that opined that the defendants neglected to abide by the standard of care due to the failure to administer certain drugs and perform specific tests on the plaintiff’s decedent when he visited the emergency room. [read post]
3 Feb 2021, 1:02 pm
[mi]litary’s heritage,” though that really seems a bridge too far—no pun intended—and the survey, wisely, didn’t bother to test that idea.) [read post]
3 Feb 2021, 5:31 am
.,2021) the Appellate Division affirmed an order which granted Buchanan Ingersoll & Rooney PC’s motion to fix the amount of its charging lien against plaintiff based upon an account stated, Nonparty respondent Buchanan Ingersoll & Rooney PC (BIR) submitted proof that it entered into a retainer agreement with plaintiff and sent her regular invoices to which she did not object during the course of the firm’s year-long engagement. [read post]
3 Feb 2021, 5:27 am
.,2021) the Appellate Division affirmed an order which granted Buchanan Ingersoll & Rooney PC’s motion to fix the amount of its charging lien against plaintiff based upon an account stated, Nonparty respondent Buchanan Ingersoll & Rooney PC (BIR) submitted proof that it entered into a retainer agreement with plaintiff and sent her regular invoices to which she did not object during the course of the firm’s year-long engagement. [read post]
2 Feb 2021, 9:01 pm
For example, in a 2015 Supreme Court case, there was unanimous agreement that such a cause of action would be available by default, but the Justices split 5-4 over whether language in the federal Medicaid statute overrode that default in the dispute before them.The list of gatekeeping doctrines—each with its own layers of sub-tests and sub-sub-tests—is long. [read post]
2 Feb 2021, 2:22 pm
The plaintiff’s February 2, 2021 complaint can be found here. [read post]
2 Feb 2021, 10:25 am
As an attorney in private practice for nearly a decade, Chavez handled civil cases, mostly plaintiffs' personal injury and medical malpractice matters. [read post]
2 Feb 2021, 7:17 am
The letter also references a lawsuit filed against Tyson Foods in Iowa where plaintiffs allege that managers “organized a cash buy-in, winner-take-all betting pool for supervisors and managers to wager how many employees would test positive for COVID-19. [read post]
1 Feb 2021, 2:33 pm
But what about the objective test? [read post]
1 Feb 2021, 12:12 pm
Upon the Plaintiffs’ motion for conditional certification, the district court applied the generally accepted two-step Lusardi test for certifying a collective and granted the motion. [read post]
1 Feb 2021, 11:39 am
The plaintiff appealed the dismissal. [read post]
1 Feb 2021, 9:38 am
At the very least, pending an unusual development, the Swales test will be the law in the Fifth Circuit. [read post]
1 Feb 2021, 6:30 am
” Rather than the Hellerstedt majority’s explicit invocation of a balancing test, Roberts declared that Casey “looked to whether there was a substantial burden” placed upon a woman’s abortion choice, “not whether benefits outweighed burdens. [read post]
1 Feb 2021, 4:09 am
The test is whether or not the Defendant’s activity caused significant harm to a person of normal or reasonable sensibilities. [read post]
31 Jan 2021, 9:00 pm
The Service Employees International Union (SEIU) leads a group of plaintiffs seeking to overturn Prop.22 in Castellanos v State of California (12 January 2021). [read post]
31 Jan 2021, 4:26 am
Unfortunately, public interest lawyers, plaintiffs’ lawyers, public defenders, and progressive academics have been few and far between. [read post]
29 Jan 2021, 11:32 am
This prevents “forum shopping” to the most plaintiff friendly states. [read post]
28 Jan 2021, 6:04 pm
Gale, P.A. // Obtaining Defendant’s Medical Records to Benefit Plaintiff’s Personal Injury Case appeared first on Florida Injury Attorney Blawg. [read post]
28 Jan 2021, 10:23 am
Unfortunately, even cases that are favorable to plaintiffs employ a fact-based (in the court’s word “holistic”) test. [read post]
28 Jan 2021, 9:42 am
As a result, defense counsel called Moore’s alleged phone number to test the research indicating that Donald Jorgensen, and not Moore, would answer the call. [read post]
