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16 Feb 2013, 6:08 am
Following an order granting the defendant summary judgment, the plaintiff appealed. [read post]
23 Aug 2012, 1:35 pm
Plaintiffs’allegations of reliance therefore will never be tested either. [read post]
16 Apr 2012, 5:37 am
" The plaintiff's argue that Mr. [read post]
24 Feb 2012, 1:05 am
For example, if a neurologist opines that the victim has the cognitive capacity to do certain things, the plaintiff’s vocational expert must offer test or clinical findings that are consistent with the neurologist’s opinion. [read post]
14 Dec 2009, 2:43 am
Yesterday we discussed the plaintiff v. her own attorney part of Dupree v Voorhees ; 2009 NY Slip Op 09183 ; Decided on December 8, 2009 ; Appellate Division, Second Department . [read post]
14 Sep 2021, 6:52 am
The nurse at the infirmary attempted to conduct an EKG, but the machine used to perform the test was inoperable. [read post]
3 Dec 2015, 5:20 am
Plaintiffs’ lawsuits will also contend that setting aside the design failure and the failure to test, the manufacturer knew or should have known of the risk of infection the Bair Hugger was causing and did nothing about it. [read post]
3 Dec 2015, 5:20 am
Plaintiffs’ lawsuits will also contend that setting aside the design failure and the failure to test, the manufacturer knew or should have known of the risk of infection the Bair Hugger was causing and did nothing about it. [read post]
23 Dec 2014, 11:12 am
The plaintiffs opposed arguing it was too late to do so. [read post]
3 Dec 2015, 5:20 am
Plaintiffs’ lawsuits will also contend that setting aside the design failure and the failure to test, the manufacturer knew or should have known of the risk of infection the Bair Hugger was causing and did nothing about it. [read post]
3 Dec 2015, 5:20 am
Plaintiffs’ lawsuits will also contend that setting aside the design failure and the failure to test, the manufacturer knew or should have known of the risk of infection the Bair Hugger was causing and did nothing about it. [read post]
7 Sep 2012, 3:08 am
To determine whether a particular consolidation was for disposition, the test is whether the cases might have been the subject of a single proceeding or could have been brought as one action. [read post]
19 Jun 2007, 4:01 am
Accordingly, Plaintiff was not seized for purposes of the Fourth Amendment. [read post]
17 Sep 2013, 11:31 am
Off-Label Use and Express Preemption: Riegel establishes a two-step test to determine whether plaintiff’s claims are expressly preempted. [read post]
8 Jul 2014, 12:25 pm
Ford Motor Company, the court ultimately deemed them to be significantly different from those in Betz, and therefore affirmed an earlier verdict in favor of the plaintiff. [read post]
2 Dec 2016, 12:18 pm
The test for substantial compliance is “the significance of the plaintiff’s errors and omissions and whether the defendant was prejudiced by the plaintiff’s noncompliance. [read post]
30 Dec 2015, 5:30 am
The court precluded the defense efforts to cross-examine the plaintiff at trial with the plaintiff's drug screen that was positive for marijuana use.In so ruling, Nealon noted that the Pennsylvania appellate courts have repeatedly held that "no witness can be contradicted on everything he testifies to in order to 'test his credibility.' The pivotal issues in a trial cannot be 'sidetracked' for the determination of whether or not a witness lied… [read post]
16 Jul 2023, 8:58 am
Next up, we have an evidentiary case about foundation for admission of a blood test in a civil-suspension proceeding. [read post]
23 May 2016, 5:10 am
” Even if a smaller warning would still be effective, Zauderer isn’t a least restrictive means test. [read post]
13 May 2015, 4:30 am
Testing on the lens confirmed the existence of a foreign substance. [read post]
