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28 Dec 2015, 4:38 am
The Court also held that AUL established Prongs 1 and 3 of the Independent Contractor Test, noting that the plaintiff was free to run his agency as he pleased and sell the products of AUL’s competitors. [read post]
4 Sep 2009, 5:13 pm
Biller claims that Toyota withheld records about the testing and the designs of vehicle roofs. [read post]
26 Mar 2008, 7:39 pm
Plaintiff alleged that, because defendant was unable to aspirate much fluid from the mass in May 2001, the standard of care required further testing, such as an MRI, ultrasound, or CT scan, or referral to an orthopedic surgeon. [read post]
6 Jan 2012, 11:15 am
First, in Dukes, the Supreme Court adopted the “not incidental” test, which forbids Rule 23(b)(2) certification where “monetary relief is not incidental to the injunctive or declaratory relief. [read post]
8 Sep 2015, 6:40 am
“The difference between an abstract question calling for an advisory opinion and a ripe ‘case or controversy’ is one of degree, not discernible by any precise test. [read post]
7 May 2014, 1:00 pm
Plaintiff has to fail both prongs of the test? [read post]
30 Oct 2015, 10:13 am
The “risk utility test” is a somewhat more modern approach, where the plaintiff must prove that the foreseeable risks of harm posed by the product could have been reduced or avoided by a reasonable alternative design. [read post]
7 Sep 2023, 9:14 am
Instead, plaintiff plausibly pled that the “clinically tested” claim was an affirmative misrepresentation as to the food products. [read post]
24 Jun 2015, 4:37 am
Unfortunately, however, a DNA test is still a DNA test, which runs afoul of GINA. [read post]
10 Jan 2013, 7:03 am
It concluded that it was “not so sure that Plaintiff met its burden under the Pignons test. [read post]
6 Oct 2011, 6:00 am
Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. [read post]
2 Feb 2017, 1:33 pm
(i) The plaintiff is functional for basic handling, reaching, balance, stooping, lifting and carrying for amounts tested, sitting, standing and walking. [read post]
10 Aug 2018, 12:09 pm
The objective testing had shown minor alterations that didn’t necessitate surgery or cause gait alterations. [read post]
14 Jul 2016, 7:47 pm
Fox appealed to the Second Circuit, which in July 2015 held that that the “primary beneficiary” test, rather than the Department of Labor’s stricter six-factor test, should be used to evaluate the classification of unpaid interns. [read post]
3 Mar 2014, 8:00 am
Before trial, the plaintiff demanded settlement of $475,000. [read post]
15 Dec 2010, 5:57 am
Since a patient's hip implant unit is the centerpiece of product liability litigation against a manufacturer-defendant such as DePuy, should the unit somehow be destroyed before civil trial by a third party laboratory's testing, plaintiffs could suffer enormous setbacks to their otherwise valid cases. [read post]
9 Apr 2021, 11:16 am
A week after his discharge, he returned, and tests revealed that the infection spread to his brain. [read post]
28 Aug 2021, 6:01 pm
In the subject case, the plaintiff’s expert determined her lingual nerves were severed via his examination of her, which included tests he administered. [read post]
8 Oct 2024, 9:00 am
Brian Gaddy determined Plaintiffs’ claim under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) was barred by the applicable statute of limitations as “physical on-site construction of the remedial action” occurred more than six years prior to when Plaintiffs brought their lawsuit. [read post]
2 Jun 2007, 9:30 am
Following additional diagnostic tests, in August 2002, Brenman underwent a three-level cervical fusion, which involved the removal of three discs and their replacement with “spacers. [read post]
