Search for: "Test Plaintiff"
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1 Nov 2018, 5:08 am
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]
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]
5 Feb 2016, 8:33 am
Interestingly, courts apply a different test in deciding whether to order security for costs depending on whether the plaintiff is a corporation or an individual. [read post]
27 Aug 2019, 8:28 am
Nearly all of the Federal Courts of Appeals have created balancing tests to determine whether a pseudonym is appropriate. [read post]
Title VII plaintiff failed to show positive drug test was unreliable or race was reason for non-hire
26 Apr 2017, 6:59 am
The applicant tested positive for marijuana and an independent medical review officer, who is a physician, notified the plaintiff of his results. [read post]
23 Dec 2022, 4:10 am
Plaintiff's refusal of testing was based on her religious beliefs which the court described:She explained her refusal to undergo the test is founded on her belief the testing is required because of a fear she may be infected with COVID-19, and that fear is inconsistent with her religious belief that "God has not given us the spirit of fear. [read post]
1 Aug 2017, 12:24 pm
In my opinion, a reasonable person would (as the trial judge here acknowledged) have known this; and even if one took into account the plaintiff’s age and experience, the test would also be met. [read post]
24 Aug 2020, 4:03 am
Beyond that, there was no common denominator about a test, so the Whole Woman’s Health’s balancing test continues to be the law. [read post]
16 Jun 2010, 4:35 am
After applying the Fifth Circuit’s version of the economic realities test, the court of appeals agreed. [read post]
23 Jan 2009, 2:00 pm
"The plaintiffs failed to prove by a ‘preponderance of evidence' that defendants engaged in unlawful, unfair or fraudulent conduct" concerning testing, Duffy-Lewis said in her six-page decision. [read post]
21 Apr 2012, 7:10 pm
The 2nd medical expert states that defendant-two treated plaintiff mother as a high risk pregnancy, she was seen at proper intervals and had obstetrical sonograms, blood tests and evaluations appropriate to a high risk pregnancy. [read post]
4 Nov 2011, 12:31 pm
Hence, jurors tend to conclude that the plaintiff failed the burden of proof. [read post]
17 Sep 2009, 8:42 pm
The first part focuses on whether the plaintiff states a cause of [...] [read post]
23 Jan 2011, 7:42 am
Even though plaintiff was a landscaper, he worked for a highly regulated sewage treatment facility, and the state could require drug testing. [read post]
18 Jun 2019, 8:00 am
Here the defendants proffered a special interrogatory that was intended to test the foreseeability aspect of a proximate cause. [read post]
19 Apr 2012, 9:50 pm
The Ninth Circuit has adopted a two part test for analyzing whether two works are [...] [read post]
18 Jun 2020, 2:00 pm
The deadline to apply to be lead plaintiff, or class representative, is August 17, 2020. [read post]
9 Aug 2018, 5:30 am
The Nova Scotia Court of Appeal ruled as recently as 2016 that “Presumptively, if the defendant has chosen a qualified expert (s) to conduct an IME/testing, then their choice should be respected, unless the circumstances make the choice an unreasonable one. [read post]
27 Jun 2012, 7:50 am
Citing Delaware law, the Court of Appeals noted a two-prong test to determine whether a claim is derivative or direct: (1) who suffered the alleged harm--the corporation or the plaintiff shareholder; and (2) who would receive the benefit of the recovery or other remedy. [read post]
8 Nov 2023, 4:30 am
The plaintiff learned that she would need to take a drug test as a condition of employment. [read post]
