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18 Jan 2016, 12:00 am
This type of injury is most commonly seen in rear-end collisions, but it is not a formal medical diagnosis, since it cannot be substantiated via tests or scans. [read post]
24 Aug 2016, 4:04 am
He was discharged two days later after examinations and tests indicated to hospital personnel he was normal and healthy. [read post]
8 Jun 2014, 6:27 pm
[emphasis by the court] The appellants claimed this was an error in law, as it imported a subjective element to the test. [read post]
24 May 2011, 4:34 pm
However, evidence also showed that Blockbuster considered a variety of factors in setting its prices, besides the price charged by Netflix, including its own financial condition, costs, price testing, product usage and research. [read post]
2 Apr 2010, 4:37 am
This case was before the Court on Defendant, Electronic Data System’s (“EDS”) second Motion for Summary Judgment, seeking a finding that Plaintiff was exempt from the FLSA under the so-called “Air Carrier” Exemption. [read post]
9 Jan 2024, 8:24 am
To buttress its assessment that the plaintiffs are suing over first-party design and not third-party content, the court says: a “but for”/”based on”/”flows from” test is not consistent with a plain meaning analysis of the words Congress chose to employ. [read post]
15 Feb 2011, 12:36 am
Justice van Rensberg’s decisions were the first to test recent revisions to the Ontario Securities Act that potentially made it easier for disappointed investors to bring actions for civil liability against directors and officers of public companies for misrepresentations in public disclosure documents. ? [read post]
6 May 2016, 10:42 am
When your test can’t tell where to place the Facebook agreement, which is obviously a clickthrough agreement AND IT’S NOT EVEN CLOSE, your test sucks and you probably should scrap it in favor of a better test. [read post]
9 Oct 2014, 3:22 pm
The plaintiff argued that venue was proper in Sangamon County under the first test because “part of the hearing or proceeding” – the final decision – had been reached in Sangamon County. [read post]
17 May 2017, 7:30 am
Tonkovic, J.D.A class has been certified in a fraud action brought against an investment adviser that allegedly advertised back-tested, hypothetical results as actual performance. [read post]
19 Feb 2013, 7:19 am
Common sense goes a long way to avoid trouble, and the plaintiff here really did not think it through. [read post]
27 Apr 2017, 12:51 pm
In the view of plaintiffs’ lawyers, that allows venue to exist anywhere in the country that the plan administrator or the plan itself might be subject to jurisdiction under a minimum contacts test, while defense lawyers typically assert it must have a more limited effect. [read post]
8 Oct 2012, 4:05 am
Defamatory words may not support a cause of action unless they directly or inferentially refer to the plaintiff--this has come to be known as the "of and concerning" test. [read post]
31 May 2013, 12:01 pm
In an opinion underscoring the importance of line drawing in discovery, the Court stated: “The plaintiffs having produced some documented evidence of a break in, the Court will not now sanction Yoder [. . . ] for not preserving the system so that EquipmentFacts might test whether the locks work. [read post]
19 May 2023, 7:30 am
” But, she alleged, without professional testing or other expert evidence, she couldn’t determine if BBW was telling the truth about its products’ features. [read post]
14 Oct 2015, 4:10 am
This argument does not stand the test of time. [read post]
26 Nov 2012, 12:22 pm
The plaintiffs alleged that the chemist conducted secret negotiations with the paint company and that the chemist had stopped working for the employer and refused to turn over test results and work product, all while receiving payment as an employee. [read post]
3 Jul 2024, 9:39 am
A Federal Court held that injuries sustained while cleaning a trench conveyor trim removal system at a paper manufacturing facility did not meet the threshold test for an intentional tort.Facts:The injured worker, Plaintiff, was hired by the employer, IPC, as a machine operator.IPC operates a corrugated box manufacturing facility with a trench conveyor trim removal system.The system removes waste materials, but some fall into a pit, requiring manual cleaning.IPC did not… [read post]
9 Feb 2018, 1:44 pm
"This goes the the uncertainty involved in trying to determine employment status which is governed in California by the multi-factor test set forth in S.G. [read post]
5 Mar 2019, 3:00 am
To the contrary, the test is “a reasonable reading of the value of the rights being litigated. [read post]
