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2 Sep 2009, 12:01 pm
  Fewer people have heard  that the PSLRA also raised the stakes for a plaintiff that loses such a case. [read post]
29 Jan 2019, 11:35 am by Mark Tabakman
 The plaintiffs also want a class of Assistant Managers for alleged off the clock work. [read post]
12 Jun 2009, 3:05 am
., June 5, 2009), the U.S. 3rd Circuit Court of Appeals affirmed the dismissal of a prisoner's lawsuit that alleged, among other things, that his free exercise rights were violated when he had to wait 24 days for a chest x-ray after refusing for religious reasons to have a TB test by injection.In Hudson v. [read post]
22 Jan 2014, 4:00 am by Administrator
The plaintiff flew over the handlebars. [read post]
16 Nov 2018, 6:35 pm by Anthony Zaller
Suffer or Permit to Work Test Plaintiffs also argued that the drive time was compensable as “hours worked” under the “suffered or permitted to work” definition. [read post]
1 Sep 2021, 10:06 am by Rebecca Tushnet
The Shelbys are essentially unusable for sustained track driving—the main reason many Plaintiffs bought the car. [read post]
31 Jan 2017, 8:17 am
Courts have separated this test into two individual prongs: (1) the threshold of “minimum contacts,” and (2) whether the exercise of jurisdiction on the basis of those contacts is “constitutionally reasonable. [read post]
29 Sep 2022, 4:43 pm by Eugene Volokh
Comprehensive Drug Testing, Inc. (9th Cir. 2010), the Government sought a warrant to search the defendant's computers, which contained data on steroid tests conducted on professional baseball players. [read post]
5 Jan 2017, 4:41 am by Dexter Pearce and Karen O'Connor
”  Turning to the real issue—whether the plaintiffs are employees of Penn—the plaintiffs argued that the court should use the Second Circuit’s intern test to determine if they were employees. [read post]
1 Nov 2023, 1:15 pm by Seyfarth Shaw LLP
GIPA was intended to facilitate voluntary and confidential genetic testing by providing protection from discriminatory use or disclosure of such information. [read post]
28 Oct 2008, 5:26 pm
She was tested, and found to have campylobacter bacteria. [read post]
21 May 2012, 7:07 am by Evan Brown (@internetcases)
Plaintiff’s allegations that the defendants merely commited the same type of violation in the same way, did not satisfy the test for permissive joinder under Rule 20. [read post]
19 Feb 2009, 10:10 pm
The likelihood of success of plaintiff's suit on the merits is not good. [read post]
6 May 2014, 8:36 pm by Ben Vernia
A magistrate judge had found that the plaintiff’s conduct in discovery warranted dismissal under a four-part test employed by the Fourth Circuit: Whether the non-complying party had acted in bad faith; The amount of prejudice caused by the noncompliance; The need for deterrence of the particular sort of noncompliance; and Whether less drastic sanctions would have been effective. [read post]
27 Oct 2019, 8:47 am by Throneberry Law Group
The plaintiffs highlighted internal company tests, which showed the presence of asbestos in the talc, discussed in the memos as proof the company knowingly sold a dangerous product without warning innocent victims. [read post]
” Because the plaintiffs did not meet the initial hurdle of the standing test, the court did not consider the second and third factors. [read post]