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12 Jul 2012, 2:42 am
Is there any way to test that without invading the attorney-client privilege? [read post]
8 Feb 2010, 6:00 am
As a plaintiff you have more rights under the City law.The case is Kolenovic v. [read post]
15 Nov 2011, 5:00 am
The test has never been applied in a consistent fashion as the payments to the directors in the Disney case show (see particularly the analysis of the fees paid to the elementary school principle). [read post]
9 Feb 2017, 6:31 am
Petitioner-plaintiff Canandaigua National Bank, the trustee of the Max M. [read post]
Employment-Fifth Circuit Rules That An ADEA Claim May Be Brought Based On A Hostile Work Environment
28 Sep 2011, 6:35 am
As to prong (3), a plaintiff must demonstrate that the harassment was objectively unreasonable. [read post]
6 Feb 2014, 6:05 pm
Studies have shown that many doctors never test the actual testosterone levels of their patients and prescribe the treatments when levels are normal. [read post]
Hotel staff plausibly alleged franchisor defendants were ‘joint employers’ in FLSA collective action
20 Sep 2016, 7:01 am
(Because the plaintiffs did not argue that the franchisor defendants satisfied the four-factor formal control test, the court did not analyze whether formal control was exerted here.) [read post]
24 Nov 2019, 2:49 pm
He was initially evaluated by the first defendant emergency room physician, who ordered numerous tests. [read post]
12 Nov 2015, 1:19 pm
” The test for the adequacy of an allegation of malice in a vehicular accident case involving driving while intoxicated, so as to support a claim for punitive damages based on assertions of conscious disregard, is set out in the seminal case of Taylor v. [read post]
6 Apr 2021, 2:30 pm
The plaintiff presented one expert witness. [read post]
24 Feb 2023, 11:47 am
Nesbitt’s death by failing to properly treat, test and monitor his liver condition after he was transferred to Riker’s Island. [read post]
1 Sep 2024, 5:03 pm
The need to consider the value of the book as a whole, or its literary, scientific or political value, is part of the obscenity test outlined in the 1973 US Supreme Court case Miller v California. [read post]
25 Jun 2012, 10:05 am
Approximately six weeks prior to the accident, German was tested for and diagnosed with serious learning disabilities. [read post]
18 Dec 2008, 7:59 am
A history was taken, she was examined and diagnostic testing was performed. [read post]
19 Jul 2009, 8:42 am
., July 7, 2009), the trial courts of Pennsylvania are continuing to struggle with the issue of whether or not expert testimony should be allowed to support a plaintiff's effort to link his or her alleged fibromyalgia condition to the traumatic event at issue in the case.The George court addressed the defendant's motion in limine to preclude such expert testimony and held that the issue of whether such testimony is admissible is subject to the Frye test, which requires a… [read post]
6 Jun 2007, 1:19 pm
Importantly, in this case, the jurors interviewed following the verdict said they believed Roche Holding should have done more testing of Accutane after it was on the market and before the plaintiff began using the drug. [read post]
25 Feb 2010, 7:29 pm
Back to the Gross issue, the Sixth Circuit just issued an opinion in an ADEA case earlier this month stating: "Thus, when a termination arises as part of a work force reduction, the fourth element of the McDonell Douglas test is modified to require the plaintiff to provide 'additional direct, circumstantial, or statistical evidence tending to indicate that the employer singled out the plaintiff for discharge for impermissible reasons.'"Schoonmaker v. [read post]
9 Sep 2010, 1:11 pm
The circuit court granted summary judgment, and determined Holst's defective design and failure to warn claims failed as a matter of law.The Court of Appeals affirmed the decision, and a quick reading indicates that the Court focused on the failure of plaintiff's experts to incorporate the risk-utility test into their analysis. [read post]
21 Dec 2009, 3:22 pm
" The motion notes that the Supreme Court has prescribed a two-part test for the discretionary functions exception. [read post]
26 Mar 2013, 7:57 am
Each of the plaintiffs has a different family doctor. [read post]
