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20 Nov 2018, 12:20 pm
This type of evidence is only admissible if a Plaintiff gives the jury the impression that he or she is in dire financial straits due to the injury; and even then, the evidence is only allowed for the limited purpose of cross-examining the Plaintiff to test his or her credibility with the assertion that he or she is in fact in dire financial straits. [read post]
15 Nov 2008, 6:40 pm
On those occasions, I instruct the mediator confidentially that my client needs a little reality testing if the case is going to settle. [read post]
15 Jun 2021, 11:04 am
[The Fourth Circuit holds that Maryland's ban must be subject to strict scrutiny, a test that the prohibition is highly unlikely to satisfy.] [read post]
11 Aug 2010, 2:47 pm
We especially love telling the plaintiffs' bar that we told ya so. [read post]
29 Jul 2021, 11:59 am
In a press release by Valisure, an independent testing lab in Connecticut, Dr. [read post]
15 Oct 2010, 8:37 am
This is the first major appellate test of PMA preemption post-Riegel - and we passed. [read post]
31 Aug 2023, 6:11 am
Twitter qualifies for the standard three-element test for 230: Twitter is an ICS provider. [read post]
2 Sep 2015, 4:10 pm
She was given morphine to ease her pain, and took a stool sample to test for Salmonella. [read post]
5 Aug 2011, 2:17 pm
Plaintiffs point out that 29 C.F.R. [read post]
25 Mar 2020, 2:32 pm
The plaintiff worked for the defendant as a funeral director. [read post]
29 May 2010, 4:23 pm
In 1995, more than 26,000 people applied for a position with the Chicago Fire Department by taking a written test. [read post]
21 May 2021, 4:42 am
They claimed that the Company “failed to prove the plaintiffs’ intrastate movements had any link to the subsequent interstate movement of products, so as to subject the plaintiffs to the jurisdiction of the secretary of transportation. [read post]
30 Oct 2009, 2:57 am
In a prior post (here), I discussed the question whether the "facial plausibility" test of Twombley and its more recent companion case, Iqbal, would have much impact on securities cases, given the PSLRA’s heightened pleading standards. [read post]
20 Jun 2012, 12:20 pm
The Court rejected the plaintiff's argument that Concepcion did not overturn Gentry, and that the trial court should have relied on Gentry to deny the motion, holding that Concepcion "conclusively invalidates the Gentry test. [read post]
8 Oct 2019, 5:54 am
A few months later the plaintiff received proper testing, which showed the onset of cirrhosis of the liver. [read post]
30 Jun 2008, 4:56 pm
Although the plaintiffs argued that their tasks were predominantly clerical in nature, the Court rejected that contention. [read post]
9 Apr 2010, 8:17 am
Post remediation, HEPA filtering and independent testing and certification is required. [read post]
28 May 2019, 8:13 am
The Iowa Supreme Court upheld the decision in Gacke and found that the three prong test was still applicable. [read post]
21 Apr 2011, 5:00 am
After all, to the extent Hurd's departure was tested under the business judgment rule, it was a matter of process. [read post]
16 Dec 2022, 8:17 am
The complaint contains references to publications from other sources that interpret the letter as placing the blame on plaintiff and deeming her leadership inexcusable and irresponsible… "The [defamatory] publication will be tested by its effect upon the average reader" …. [read post]
