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19 Sep 2018, 6:24 am by Gregory Dell
Prudential conducted periodic evaluations, but it was not until 2015, when Prudential suddenly terminated his benefits, due “in large part to one independent neuropsychological test (NPT). [read post]
4 Aug 2011, 11:42 am by Steven G. Pearl
To determine whether the proposed group of plaintiffs is “similarly situated,” and therefore qualified to proceed as a conditional collective action, a district court applies a two-step test. [read post]
2 Jul 2014, 11:49 am by Eric Goldman
In fact, 23andMe knew the name of the person associated with the test result, so it could actually show by name that each plaintiff assented online. [read post]
8 Apr 2015, 7:34 am by Rebecca Tushnet
Even courts that don’t use New Kids recognize that the standard multifactor test doesn’t work well when the defendant’s use identifies the plaintiff. [read post]
2 Sep 2015, 4:31 am by David DePaolo
As discussed below, however, the Court finds that the predominance test is satisfied with respect to the specific class defined above because there are not significant material legal differences between the claims and defenses of the class members and those of the named Plaintiffs. [read post]
14 Sep 2020, 4:58 am by Mark Tabakman
  The crucial test is whether the bonus is discretionary, meaning it need not be included, or is “promised” to employees, meaning it does have to be included, thereby raising the regular rate. [read post]
7 Feb 2013, 5:00 am by Steve McConnell
Federal and state courts in Florida have employed an “objective” standard for the risk-benefit test. [read post]
6 May 2019, 8:32 am by David
 Plaintiffs (Stanford University was one of them) filed about 80 lawsuits, settling many for nuisance value. [read post]
22 Feb 2010, 1:49 am by Kevin LaCroix
Significantly, in the Credit Suisse case, the plaintiffs were able to present sufficient additional allegations to satisfy the "effects" test and to establish subject matter jurisdiction. [read post]
29 Dec 2021, 9:46 am
Up to 27% of the sunscreen samples tested contained benzene, a fact that had been unknown to consumers until then. [read post]
14 Apr 2015, 4:18 pm by Stephen Bilkis
The defendant's allegations were insufficient to establish her right to exclusive occupancy under either test. [read post]
15 Apr 2010, 5:13 pm by Eugene Volokh
(Eugene Volokh) Here are today’s opinion and the earlier opinion holding that plaintiffs had standing to sue. [read post]
30 Jun 2015, 2:12 am
[Yes] TTAB Test: Are Ginger-Based Soft Drinks Related to Vodka, Gin, and Rum? [read post]
3 Oct 2015, 4:37 am
Seller, Not Foreign Manufacturer, Owns Trademark, TTAB RulesConcurrent Use:Precedential No. 29: TTAB Dissolves Concurrent Use Proceeding, Plaintiff Fails to Prove Prior UseDiscovery/Evidence/Procedure: Eighth Circuit Directs District Court to Apply Preclusion in B&B v. [read post]
7 Dec 2010, 1:21 pm by David Krenkel
The Court was unanimous in holding that there was sufficient evidence of egregious conduct to support the $4.6 million punitive damages verdict won by the plaintiff, Joyce Quinlan, against her former employer, Curtiss-Wright Corp. [read post]
6 Apr 2007, 10:05 am
The dominant company in the bar exam test prep market, Bar/Bri, has been sued for alleged violations of federal antitrust laws. [read post]