Search for: "Test Plaintiff"
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8 Dec 2008, 12:28 pm
The plaintiff has obtained a trademark registration for "OPC-3. [read post]
15 Aug 2022, 5:01 am
The second step in the [First Amendment retaliation test] is to evaluate … [whether] "… the protected speech caused, or at least played a substantial part in, the employer's decision to take adverse employment action against" [the employee]…. [read post]
17 Oct 2014, 3:00 am
Hood regarding which test applies in determining who the real parties in interest were, was not relevant here because under either test, the real parties in this action were the government entities on whose behalf the plaintiff sued. [read post]
17 Oct 2014, 3:00 am
Hood regarding which test applies in determining who the real parties in interest were, was not relevant here because under either test, the real parties in this action were the government entities on whose behalf the plaintiff sued. [read post]
14 Aug 2008, 11:00 am
Thus, such requirements are preempted.Slip op. at 3-4.In Johnson and McGuan, the plaintiffs unsuccessfully argued that failure-to-test claims escaped preemption under Riegel. [read post]
27 Nov 2013, 7:55 am
It is the difference between these two positions that is the plaintiff’s loss (Athey at para 32). [189] While the accident indirectly caused the plaintiff’s left heel pain and that moving residences was a foreseeable risk, on the Athey test, the plaintiff’s claim under this head must fail. [read post]
27 Dec 2017, 11:40 am
” And the Plan defines “medical evidence” as evidence supported by a meaningful clinical evaluation and, where applicable, reasonable and appropriate diagnostic testing. [read post]
26 Jan 2021, 2:00 pm
” Given that we all lived through these events and we all have a pretty good idea of what was known and what was not known in mid-January 2020, the amended complaint’s coronavirus-related allegations do not fare well under a simple straight face test. [read post]
15 Mar 2024, 9:18 am
If the plaintiff cannot make this threshold showing of authority, he cannot establish state action…. [read post]
16 Apr 2015, 4:00 am
Even by The Employer Handbook editorial standards, which are lower than Title VII’s religious accommodation undue hardship test. [read post]
7 Aug 2017, 1:27 pm
The plaintiff hired a pulmonary medicine expert witness to provide testimony. [read post]
6 Nov 2009, 7:30 am
The following blog entry is written from a defendant’s position after a jury trial verdict for plaintiff. [read post]
30 Jun 2024, 4:57 pm
Having found the bill itself to pass the “rationally related” test, the court looked to whether the “real-world effects” of the bill make it fail the “rationally related” test or too burdensome on physicians. [read post]
12 Jul 2011, 10:46 am
Does your story pass the “smell test”? [read post]
27 May 2014, 9:39 pm
In this case, plaintiffs essentially conceded that the second element of the Feist test was not met. [read post]
12 Jul 2011, 10:46 am
Does your story pass the “smell test”? [read post]
8 Apr 2019, 5:44 pm
The court agreed that the defendant would suffer extreme prejudice if the witness testified, as the defendant would not have the opportunity to test her credibility. [read post]
7 Sep 2018, 6:59 am
The defendant also argues that Smith does not employ a reliable methodology to support his opinions as he did not test any alternative designs. [read post]
25 May 2016, 7:22 am
The plaintiffs hired David B. [read post]
10 Oct 2018, 7:01 am
In addition, they claim that Ashton’s opinion on light reflectivity have not been tested and are not verifiable. [read post]
