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24 Oct 2019, 1:42 pm by Rebecca Tushnet
Oct. 21, 2019)Here, the court denies Siemens’s motion to exclude plaintiff’s survey expert’s report/testimony. [read post]
5 Nov 2007, 5:01 am
  On behalf of the injured plaintiff, I asserted that neuropsychological testing is objective as defined by the statute. [read post]
17 Jul 2007, 7:41 am
The implications for a group of plaintiffs such as the recipients of the recent Los Angeles Archdiocese sex abuse settlements are quite profound as many of those cases would appear from news reports to clearly fail to meet the test of demonstrable outward physical injury. [read post]
1 Mar 2018, 10:53 am by Friedman, Rodman & Frank, P.A.
The defendant admitted that, had she read the form, she would not have performed the procedure or would have conducted a test on a small area of skin first. [read post]
17 Feb 2015, 9:59 am by Lebowitz & Mzhen
The court noted that the expert didn’t rely on any tests or other empirical data when making his assertion, thus making it an opinion unsupported by fact. [read post]
15 Jan 2020, 1:33 pm by Lebowitz & Mzhen
The institution caring for him ran a number of diagnostic tests and examinations but failed to administer a CT scan for a full week, even after a physician ordered one. [read post]
20 Mar 2012, 10:22 am by Michelle Yeary
  First, plaintiff needed an expert to establish both the alleged design defect and proximate causation:       In an action involving the complications of prescription medication . . . where the claims are either scientific or medical, an expert opinion is required to discuss the development, manufacture, testing, handling and marketing of the product alleged to be defective. [read post]
17 Jul 2023, 6:15 pm by Aaron Moss
The Court held that the plaintiff photographers’ lawsuit was foreclosed by its 2007 decision in Perfect 10, Inc. v. [read post]
27 Feb 2013, 3:33 am by Gregory Dell
The Plaintiff argued that it was unreasonable for Hartford to require her to undergo such testing since her policy does not require it and she was not asked specifically to provide it. [read post]
21 Jul 2018, 5:00 pm by otmseo
  By way of background, Medicaid is a program run by the several States which is designed to provide medical coverage to vulnerable individuals among the population, and has a means test (i.e., an income-based test, as well as an asset-based test) to determine eligibility for benefits. [read post]
Participants need to complete a series of preventative health services like physical exams, blood tests and cancer screenings, depending on their age. [read post]
21 Mar 2013, 5:55 am
In fact, DePuy knew that the product had failed internal testing as far back as 2007. [read post]
16 Dec 2009, 5:08 am
    Taking a step back, I do question the initial assumption that plaintiff attorneys routinely coach their clients. [read post]
22 Aug 2023, 4:13 am by Jon Hyman
Under that test, to successfully plead a discrimination claim a plaintiff would need to establish that the alleged discriminatory act consisted of an "ultimate employment decision such as hiring, granting leave, discharging, promoting, and compensating. [read post]
1 Nov 2018, 5:08 am by Kevin Whittaker
Border Transportation Group, LLC, et al., involving plaintiff Jesus Garcia (“Garcia”), a taxi driver, who brought a wage and hour lawsuit against Border Transportation Group (“BTG”), with whom he drove taxi for several years. [read post]
4 May 2010, 7:18 am
" Plaintiff in the case, Leonard Sutera, had provided a urine sample in a random drug test for which he had tested [read post]
23 Dec 2013, 9:01 am
In the course of discovery, the process of gathering evidence in preparation for trial, the plaintiff filed a motion requesting that the defendant provide him with additional door straps in order to test them, and this opinion dealt with the court's ruling on the request. [read post]