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8 Feb 2009, 9:35 pm
The plaintiff, David Haller, is 47 years old. [read post]
12 Aug 2007, 7:09 pm
A more interesting test case might involve Twombly-type allegations along with a “plus factor” or two. [read post]
14 Apr 2017, 11:44 am
The court concludes that Marais’s opinion passes teh Daubert test. [read post]
18 May 2023, 1:12 pm
However, the plaintiffs fell short of proving the third prong. [read post]
Debuhr et al v. Hern et al – Woman Sues Abortion Doctor, Clinic After Procedure Results in Sterility
9 Dec 2015, 2:57 am
That test revealed the baby suffered severe cerebral abnormalities. [read post]
14 Apr 2017, 11:44 am
The court concludes that Marais’s opinion passes teh Daubert test. [read post]
12 Feb 2010, 9:49 am
Breyer ordered the NCBE to allow the plaintiff, Stephanie Enyart, to use special software during the test, as well as other accoutrements, like a special lamp, sunglasses and migrane medicine. [read post]
12 Jul 2023, 7:20 am
The court concluded that although there was an issue of fact regarding Prong A (dealing with control), Prongs B and C “leave no question as to Plaintiffs’ status as employees. [read post]
3 Feb 2017, 7:30 am
However, Judge Quackenbush seemed inclined to apply the Fourth Circuit’s two-step determination test from the now vacated case of al-Marri v. [read post]
13 Mar 2013, 5:24 am
However, the court did separately determine that there could be no claim for “failure to conduct life cycle testing” because the FDA did not require such tests. [read post]
6 Mar 2012, 6:25 pm
; and (e) even though the comment satisfies the objective test the defence can be defeated if the plaintiff proves that the defendant was actuated by express malice. [read post]
8 Nov 2011, 1:20 pm
Plaintiffs must show a retailer contributed to the flaw in the food. [read post]
3 Jun 2019, 1:20 pm
" … The courts that have considered this issue have framed the relevant inquiry as a balancing test that weighs the plaintiff's need for anonymity against countervailing interests in full disclosure…. [read post]
18 Jun 2012, 6:00 am
On appeal, the BRB vacated the decision noting that the evidence relied on by the ALJ to satisfy the “substantial evidence” test could not contribute to rebutting the presumption. [read post]
28 Feb 2011, 8:38 pm
After hearing the evidence, the trial court found “the test announced in Bell II [is not] the appropriate standard for determining the exempt/non-exempt status of Plaintiffs. [read post]
16 Mar 2010, 10:27 pm
The plaintiffs are Richard D. [read post]
17 Apr 2024, 9:50 am
Further, the Court stated that the harms identified by Muldrow which included a less advantage work schedule, loss of a department vehicle and change in responsibilities met “that test with room to spare. [read post]
22 Mar 2016, 7:48 am
After two years of review, testing, and “independent survey,” the FDA denied the citizen’s petition finding no relevant or reliable evidence to justify changing the label. [read post]
10 Feb 2011, 6:38 pm
And Clarence Ditlow, the head of the Center for Auto Safety, questions the government's methodology: "Their report points out that only one in 100,000 cars have had unintended acceleration, but then they tested only nine vehicles," he said. [read post]
16 Jul 2021, 6:55 am
The court found that plaintiff’s claims failed the reasonable consumer test, which requires a probability that a “significant portion of the general consuming public or of targeted consumers, acting reasonably in the circumstances, could be misled” by the representations. [read post]
