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21 Mar 2020, 6:28 pm
Specifically, the plaintiff’s expert stated that the defendant practitioner failed to conduct diagnostic tests that should have been performed given the decedent’s symptoms, and that the failure to conduct the tests or provide timely treatment led to the decedent’s liver and renal failure. [read post]
21 Mar 2020, 9:15 am
In particular, the court found that the plaintiffs did not satisfy the extrinsic test, whereby the court determined whether any elements of plaintiffs’ eight-note ostinato (defined as “a continually repeated musical phrase or rhythm”) from the song “Joyful Noise” were protected and objectively... [read post]
21 Mar 2020, 9:15 am
In particular, the court found that the plaintiffs did not satisfy the extrinsic test, whereby the court determined whether any elements of plaintiffs’ eight-note ostinato (defined as “a continually repeated musical phrase or rhythm”) from the song “Joyful Noise” were protected and objectively similar to the allegedly infringing eight-note ostinato from Perry’s song “Dark Horse. [read post]
21 Mar 2020, 4:48 am
” (Berkovitz v US, 486 U.S. 531, 546-37) Discretion is assessed by a two-limb test. [read post]
20 Mar 2020, 9:48 pm
” (Berkovitz v US, 486 U.S. 531, 546-37) Discretion is assessed by a two-limb test. [read post]
20 Mar 2020, 7:20 pm
That might not matter if the legal arguments were overwhelmingly in favor of the plaintiffs. [read post]
20 Mar 2020, 10:51 am
He was admitted, intubated, received blood transfusions, and underwent diagnostic tests and a surgical procedure. [read post]
20 Mar 2020, 3:12 am
Lambda Legal, the law firm that represented the plaintiffs, issued a press release calling for Little to veto the law on Thursday. [read post]
19 Mar 2020, 7:59 am
That test is known as “work relatedness. [read post]
19 Mar 2020, 7:39 am
Cigna has announced that they will waive all copays associated with COVID-19 testing. [read post]
19 Mar 2020, 6:30 am
In any event, even if the teachers do not lose their free speech claim because their speech is government speech, they would nevertheless lose under the Pickering-Connick balancing test Norton favors, which awards a free speech victory only if the speech is on a matter of public concern and does not unduly disrupt the workplace. [read post]
18 Mar 2020, 10:10 am
[The plaintiffs are claiming, among other things, "group libel. [read post]
18 Mar 2020, 7:00 am
In addition, the court can also offer the plaintiff the option to accept a lesser amount of damages – an amount that is supported by the evidence. [read post]
18 Mar 2020, 3:30 am
In this case, the plaintiff, a medical marijuana user who used the drug for an underlying disability, was fired after he tested positive (although he was not under the influence at the time). [read post]
17 Mar 2020, 1:37 pm
A copy of the plaintiff’s March 6, 2020 complaint can be found here. [read post]
17 Mar 2020, 12:30 pm
California law, unlike federal law, no longer recognizes the “stray remarks doctrine,” which states that isolated discriminatory remarks made by employees who have no role in personnel decision making or by supervisors who were not involved in the decision making process as it relates to the plaintiff cannot be used to prove discriminatory intent by the employer. [read post]
17 Mar 2020, 12:18 pm
The foreseeability test does not mean that the exact nature and extent of the actual harm which occurs is foreseeable, nor does it require reasonable foreseeability of the exact manner in which the harm actually manifests. [read post]
16 Mar 2020, 10:28 pm
Subsection (3) of the amended law was tested in this recent case. [read post]
16 Mar 2020, 3:55 pm
During the course of litigation, the plaintiffs sent the defendants interrogatories and requests for production. [read post]
16 Mar 2020, 2:50 pm
A medical professional can get them the therapy, medications, and testing that are required. [read post]
