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6 Oct 2020, 5:57 am
The Court quickly concluded that the plaintiff in this particular case had properly pled such a claim:She alleges she legally purchased and used medical marijuana, disclosed her status as a cardholder, failed a drug test at work and then was fired the same day she recertified her medical marijuana card.Now, we still don't have a state or federal appellate court decision on this issue - so, stay tuned. [read post]
30 Jun 2013, 5:56 pm
The district court dismissed a copyright infringement claim after determining that the series of five Percy Jackson and the Olympian books were not substantially similar to plaintiff’s books The Hero Perseus and Atlas’ Revenge. [read post]
19 Oct 2014, 10:00 pm
Test your knowledge! [read post]
31 Mar 2021, 10:39 am
And because she works in Massachusetts, she often has the opportunity to work with injured workers in a more comprehensive way from testing, to planning and prepping them for job interviews. [read post]
16 Feb 2015, 4:50 pm
So it may be that section 1(1) was drafted to mirror Tugendhat J’s formulation of the test of defamatory at [96] of Thornton, adjusted only so as to qualify the test by the addition of the word ‘serious’. [read post]
16 Jun 2014, 11:28 am
Plaintiff Jones (a high school teacher and Cincinnati Bengals cheerleader) sued the website thedirty.com and its operator for defamation over a number of third party posts that said mean things about plaintiff. [read post]
23 Jun 2015, 11:50 am
GINA prohibits "genetic testing" and specifically defines "genetic testing" to include "analysis of human DNA. [read post]
26 Jun 2013, 12:37 pm
The plaintiffs were unpaid interns for a movie production company in the filming and post-production of the movie Black Swan. [read post]
28 Jun 2024, 3:34 am
Grimaldi test in the wake of the U.S. [read post]
31 Oct 2014, 8:58 am
According to the plaintiffs, from June ’08 through May ’09, Thornton did not take the necessary steps to detect Lebel’s cancer, failed to identify the signs and symptoms, and did not order tests to rule out whether her cancer was malignant. [read post]
26 Oct 2009, 2:25 pm
Source: Botched surgery case to test pain, suffering limits / LJWorld.com If we accept the allegation that a negligent doctor removed a healthy ovary and left a woman unable to bear children, $575,000 doesn’t seem outrageously high to me. [read post]
8 May 2014, 5:00 am
It’s gratifying to see it properly applied.Nor was a court applying state law in position to question product “testing” that the FDA had found sufficient:Plaintiff has asserted that he was not warned that the device did not undergo certain tests. [read post]
11 Jul 2022, 7:59 am
It sets out a new universal three-part, director-by-director test for a plaintiff bringing suit on behalf of all shareholders to avoid letting the board decide whether the company should take up the action: whether the director received a material personal benefit from the alleged misconduct that is the subject of the litigation demand; whether the director faces a substantial likelihood of liability on any of the claims that would be the subject of the litigation demand; and… [read post]
18 Jul 2018, 12:52 pm
He went to therapy and was required to comply with Breathalyzer tests. [read post]
15 Feb 2022, 9:48 am
Looking to the test set out in the Supreme Court case of United States v. [read post]
9 May 2023, 8:43 am
When you see these numbers, you further understand the point I made in my last post – that the amount of potential recovery for plaintiffs and their lawyers is driving much of this growth and the most realistic way to bring down the numbers of filings and reduce, long term, the exposure to plan sponsors and their insurers is to consistently take these cases to trial. [read post]
10 Feb 2009, 5:09 am
Tompkins' motion for DNA testing of evidence in the possession of the State. [read post]
5 Dec 2016, 9:02 am
” With this goal in mind, a two-part test for determining whether admiralty jurisdiction exists over a tort action has been developed, but in its evaluation of Plaintiff’s claim, the district court did not make it past the first requirement: the tort must occur on navigable waters or be caused by a vessel on navigable waters. [read post]
23 Jul 2014, 8:38 pm
Williams, 2014 BCSC 234, Justice Kent set forth the test to determine whether an award for past income loss should be made. [141] Compensation for past loss of earning capacity is to be based on what the plaintiff would have, not could have, earned but for the injury that was sustained: Rowe v. [read post]
30 Jan 2023, 10:07 am
The test for the existence of a trade secret is embodied in a relatively simple definition. [read post]
