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2 Apr 2010, 2:52 am
Judge Martini agreed with Magistrate Falk, writing: Plaintiff? [read post]
17 Aug 2011, 12:22 pm
The case represented the first test of whether the National Defense Authorization Act for Fiscal Year 2008 offered a federal cause of action to non-U.S. citizen family members of individuals who were killed while working for the U.S. government. [read post]
16 Nov 2017, 4:25 am
While a single egregious event is sufficient outside of the First Department, Freeman v Brecher 2017 NY Slip Op 07949 Decided on November 14, 2017 Appellate Division, First Department shows us the three part test for the First Department. [read post]
19 Dec 2006, 10:31 am
Plaintiff's husband died in 1997. [read post]
10 Jan 2018, 9:10 am
She claimed the doctor’s failure to order a blood test departed from the professional standard of care. [read post]
12 Sep 2024, 3:30 am
The plaintiff claimed state law protected her refusal to undergo testing or disclose her vaccination status. [read post]
17 May 2011, 7:23 am
When subgroup analyses yield a statistically significant result, at the usual p < 0.05, which they will often do by chance alone, plaintiffs’ counsel obtain a “gotcha” moment. [read post]
28 May 2017, 8:30 am
What matters is whether the plaintiff came into direct contact with the religious establishment. [read post]
26 Feb 2008, 5:30 am
Knudson, 534 U.S. 204 (2002), on a plaintiff’s ability to simultaneously pursue claims for benefits under § 502(a)(1)(B) and for breach of fiduciary duty under § 502(a)(3). [read post]
9 Feb 2018, 7:15 am
A jury verdict awarded more than $26 million to a group of plaintiffs including San Diego, CA-based gene analysis firm Illumina, Inc. [read post]
24 May 2012, 1:40 am
The plaintiffs moved to have a class of aggrieved investors certified as a plaintiff class. [read post]
18 Jul 2016, 1:47 am
The ordinary observer test asks whether “an average lay observer would recognize [read post]
31 Oct 2017, 2:15 pm
The Court began with a three-pronged test for determining whether the plaintiff was disabled, requiring that she prove: She had a mental impairment The mental impairment interfered with a major life activity, and The interference was substantial. [read post]
21 Apr 2015, 11:52 am
This is an objective test. [read post]
3 Nov 2022, 7:10 am
While Schneider argued that this agreement established that the driver had a high degree of control over his work and that Schneider had therefore properly classified him as an independent contractor, the plaintiff argued that under the controlling test–the economic reality test–he was Schneider’s employee. [read post]
19 Feb 2007, 1:37 pm
The thing that has always puzzled me about Central Hudson is that the first prong of the four-prong test means that false or misleading speech flunks the test at the outset and may simply be banned; the rest of the test is designed to evaluate the regulation at issue. [read post]
18 May 2016, 9:01 am
To establish injury in fact for Article III standing purposes, the Supreme Court reiterated its longstanding test that a plaintiff must allege a harm that is both particularized and concrete. [read post]
11 Dec 2008, 4:38 pm
” The court went on to point out that the discovery of metadata would be subject to the balancing test of Rule 26(b)(2)(C) requiring a court to weigh the probative value against the potential burden of production. [read post]
6 Mar 2022, 7:47 am
But then the court needs to determine whether the error that occurred was a harmless error: “To test for harmless error, the beneficiary of the error has the burden to prove that the error complained of did not contribute to the verdict. [read post]
24 Feb 2014, 5:44 am
Defendants, amazingly, challenged standing, which in the Sixth Circuit is governed by the reasonable interest test. [read post]
