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6 Jan 2023, 7:00 am
If these facts do not expand the special relationship test, then nothing will. [read post]
28 Jun 2017, 8:30 am
This basis does not address the underlying question, of whether generally a district court can cherry pick claims asserted by a plaintiff to find that the Mayo/Alice test is not satisfied, and while this conclusion may be the correct one, in this case affirming this procedural shortcut precludes future plaintiffs of the ability to overcome a Section 101 challenge based on there being at least one asserted claim that satisfies the test. [read post]
31 May 2018, 9:51 am
LA should not be read to impose separate Article III tests for each form of relief sought by a plaintiff. [read post]
23 Aug 2016, 4:39 am
Stripped of the layers of tests, our analysis is straightforward. [read post]
24 Feb 2020, 11:09 am
” Under the Seventh Circuit’s test, if no plaintiff contests the defendant’s assertions regarding the existence of valid arbitration agreements, then those putative class members who are subject to valid arbitration agreements should not receive notice of the FLSA collective action. [read post]
29 Sep 2016, 9:17 am
” This is an extremely tone-deaf reading of New Kids, because it’s the reference to the plaintiff, not the identicality of the marks, that drives the First Amendment interests justifying a different liability test. [read post]
13 Sep 2009, 7:00 am
When the plaintiff's representative in the negotiation introduced that very day's pre-test results into the discussion, the defendant accepted the settlement offered. [read post]
2 Sep 2017, 3:08 am
Plaintiff brought suit against defendant nurse practitioner under the HCLA, alleging that she “violated the applicable standard of care in her treatment of him…by failing to order the proper tests and for failing to perform proper examinations. [read post]
19 May 2021, 2:00 pm
The first class proposed by the named Plaintiffs included all African-Americans who passed any applicable Department of Citywide Administrative Service tests, possessed all other posted requirements for any posted FDNY civilian vacancy, and applied and were rejected by FDNY for any such position in the relevant time period, and the second class was all African-Americans who were otherwise already employed in a civilian full-time position in FDNY in the relevant time period. [read post]
12 Mar 2008, 6:00 am
In Schlegel, the plaintiff alleged that one of Bank of America's senior vice presidents, Charles H. [read post]
9 Jul 2024, 7:47 pm
These include those posts from which the plaintiff’s comments were deleted, or any posts the plaintiff would have wished to see or comment on had the official not blocked them entirely. [read post]
27 Aug 2017, 12:02 pm
This test looks at whether the harm actually suffered was foreseeable as well. [read post]
17 May 2023, 1:48 pm
The district court concluded that the complaint alleged sufficient facts to withstand a motion to dismiss on the issues of whether Uber was an “employer” and plaintiff was an “employee” under the FLSA’s economic realities test and the New York Labor Law test for independent contractor status. [read post]
20 May 2022, 10:43 am
Notably, Mayo Clinic accepted the plaintiff’s request for a religious exemption from its vaccine requirement. [read post]
27 Sep 2011, 2:31 pm
The court held that the test for determining whether an individual suffering from a mental disorder is not responsible for his tortuous act in a civil case is a different test from the s. 16 Criminal Code test for lack of criminal responsibility. [read post]
20 May 2022, 10:43 am
Notably, Mayo Clinic accepted the plaintiff’s request for a religious exemption from its vaccine requirement. [read post]
13 Jun 2015, 10:51 am
The standard was recently put to the test in Sanders v. [read post]
1 Oct 2020, 11:03 pm
According to this, Donald Trump has tested positive for the coronavirus. [read post]
16 Nov 2009, 3:58 am
The district court focused on the first test – the likelihood of success on the merits – and concluded that “the regulations at issue here did not intend to create a property interest in loan modifications for mortgages in default. [read post]
15 Feb 2021, 1:32 pm
Presumably, if plaintiff ‘repeated all requirements for employment,’she would have also completed a new employment application, defendant would have conducted a second background check on her, and she would have been required to submit to the same previously completed tests. [read post]
