Search for: "Test Plaintiff"
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20 Dec 2020, 7:07 am
The complaint seeks to recover damages on behalf of the plaintiff class. [read post]
29 Oct 2018, 2:53 pm
The plaintiff in Garcia was a taxicab driver who worked for a cab company for several years before suing the company, alleging he should have been treated as an employee, not an independent contractor. [read post]
30 Aug 2017, 2:48 pm
If all requirements are met, the court moves on to a balancing test. [read post]
10 Sep 2013, 4:41 am
A federal court in Hawaii engaged in a balancing test to determine whether a plaintiff could successfully transfer venue in Reyes v. [read post]
18 Apr 2011, 12:43 pm
In Lanham Act false advertising cases, it is well established that a when an advertising claims cites to a test or study, the plaintiff can prevail by proving that the cited test does not reliably support the claim made. [read post]
19 Aug 2021, 6:13 am
Further, “defendant has no duty to aid the plaintiff” in complying with HIPAA requirements and “is not required to notify the plaintiff of a missing core element or to ‘test’ an incomplete and facially-noncompliant authorization. [read post]
8 Sep 2011, 2:05 pm
The ACLU is looking for plaintiffs to challenge this illegal practice and we want to hear from you. [read post]
24 Aug 2020, 2:51 pm
Why it Matters: The Plaintiffs argued that the Emergency Order mandates COVID-19 testing of essentially “Latino agricultural workers” because the State requires testing only at places where the workers and residents are overwhelmingly Latino. [read post]
22 Jan 2021, 11:15 am
The Fifth Circuit disapproved of the so-called Lusardi test, otherwise known as the “Goldilocks” approach to the two-step certification test. [read post]
30 Oct 2020, 2:25 pm
A jury found in favor of the plaintiff, and the defendant appealed. [read post]
7 Aug 2018, 3:07 pm
While they were out on the test-drive, another motorist rear-ended the plaintiffs. [read post]
28 Nov 2007, 5:45 am
Daubert strikes again, as a Texas federal judge throws out a test video relied on by the plaintiffs' expert in a case against Ford. [read post]
8 Apr 2020, 9:46 am
The most expansive version of this argument leverages the ABC test, familiar from the test for employee vs. independent contractor status in Massachusetts, California, and a seemingly expanding list of jurisdictions. [read post]
18 Sep 2013, 8:49 am
However, the Lackawanna Court ruled that, once standardized testing began, a Plaintiff was precluded from having a third party present. [read post]
26 Mar 2019, 6:40 am
” The court found it dispositive that the white males had failed physical fitness tests, not weapons certification tests. [read post]
16 Apr 2009, 12:48 pm
Blawgletter agrees that the difference in the roles of plaintiffs and defendants in litigation justifies the asymmetrical result that plaintiffs more easily satisfy the "substantial invocation of the judicial process" prong of the waiver test. [read post]
2 Jun 2010, 11:21 am
“[T]he opportunity to test the credibility of a party … does not outweigh the chilling effect that disclosure of immigration status has on employees seeking to enforce their rights. [read post]
13 May 2011, 2:17 pm
Mary Edwards filed suit on claims that Konzen failed to properly diagnose her colon cancer and order tests appropriate to her age. [read post]
19 Mar 2012, 4:38 pm
Among the submissions made by the plaintiffs on appeal was the contention that the release, even if not unconscionable, was still unenforceable for public policy reasons under the third part of the Tercon test. [read post]
4 Sep 2008, 11:02 am
Furthermore, Exhibit L was essentially a list of questions from counsel to plaintiffs, by which counsel was making sure he had sufficient information to file the declarations in question – evidence supporting plaintiffs’ defense of defendants’ inequitable conduct claims.Finally, while the Seventh Circuit had not ruled on the correct test for whether to allow attorney depositions, the Court followed what it held was the prevailing… [read post]
