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15 May 2012, 3:45 am
May 4, 2012). heartsite.comThe plaintiff was undergoing a stress test on a treadmill and expressed concern about the increased speed that the med-technician was pushing the plaintiff to travel -- increased speeds which the med-tech was programming into the treadmill. [read post]
28 Sep 2011, 6:55 am
The plaintiffs contend that Iowa neglected to follow its own training, testing, and documentation procedures, resulting in hiring and promotion decisions that are systematically biased against black candidates. [read post]
21 Jul 2011, 2:23 pm
After thorough testing, these chemicals were found to be present in homes in the impacted area. [read post]
19 Mar 2012, 12:50 pm
The final determined number for the payout is subject to reductions for the actual earnings of each plaintiff during the period. [read post]
29 Sep 2008, 8:49 pm
In a recent decision, the Third Circuit vacated a district court's grant of summary judgment to the plaintiff in a § 43(a) false endorsement case, but affirmed the plaintiff's summary judgment win as to the state law right of publicity claims. [read post]
28 Feb 2014, 1:11 pm
The test applied by the District Court, used in the Eleventh Circuit, asks “whether a group of plaintiffs premise their claim on either ‘fraud that induced [the plaintiffs] to invest with [the defendants] … or a fraudulent scheme that coincided and depended upon the purchase or sale of securities. [read post]
10 May 2019, 6:19 pm
Invenergy and PAWE conducted tests and found the potential noise levels to be from 27.4 to 49.9 decibels. [read post]
11 Dec 2013, 7:28 pm
§ 2000bb(a)(5).Most of my posts here will, in one way or another, address the question raised by the first part of RFRA’s two-part test—namely, whether the plaintiffs’ complaints fairly allege that federal law “substantially burden[s] [their] exercise of religion. [read post]
24 Oct 2015, 4:52 am
” […] But the Atlas is a map book and not an adaptation of plaintiff’s photograph. [read post]
25 Oct 2013, 11:31 am
The test revealed no problems. [read post]
23 Mar 2022, 8:23 am
That’s why it’s a useful test in Rogers v. [read post]
8 Oct 2014, 4:30 am
But the plaintiff sidesteps that point, and the court acquiesces in that side-step, by viewing failure to test as a factual allegation supporting a broader claim of negligence. [read post]
4 Oct 2013, 1:54 pm
Plaintiff's put on his case. [read post]
23 Aug 2013, 11:09 am
According to the court, all three types of inducers are liable for inducing infringement if they satisfy the test for inducing infringement. [read post]
29 Aug 2016, 1:29 pm
The court held the named plaintiff was neither a typical nor adequate class representative because an HVAC servicer replaced several parts in addition to the evaporator coil when the plaintiff’s unit malfunctioned, and because the evaporator coil itself was discarded rather than returned, precluding further testing as to whether it was defective. [read post]
12 Jun 2012, 1:36 am
In Morrison, Justice Scalia’s majority opinion set aside decades of lower court case law on the “cause and effects” test to establish the extraterritorial effect of the securities laws, and promulgated a new “transaction” based test in its stead. [read post]
17 Sep 2010, 7:07 am
Automotive companies often use FEA for car testing in the same way that highway safety systems are designed using the technology. [read post]
26 Jun 2015, 9:39 am
A regulation is presumed constitutional and is reviewed in a deferential way under the “fairly debatable” test. [read post]
16 Oct 2018, 8:00 am
Some of the verdict summaries did not indicate the plaintiff’s age, employment status or the composition of the plaintiff’s family. [read post]
11 Aug 2011, 5:56 am
Kenny A., 130 S.Ct. 1662 (2010), the Supreme Court seemed to endorse the lodestar test anew, undercutting the Arbor Hill analysis. [read post]
