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5 Jan 2011, 4:30 am
The plaintiff commenced the action after settling a lawsuit for $8.5 million with the conservator of one of its residents who was badly scalded during a shower at the plaintiff's facility. [read post]
11 Jul 2016, 8:09 am
Churchill, 511 U.S. 661 (1994), which held that the Connick test should apply to what an employer thought the employee said or did, rather than what the finder of fact concludes the employee actually said or did. [read post]
28 Sep 2011, 11:18 am
The test for determining whether someone is a prevailing party is whether the claimant can demonstrate: 1) a factual causal nexus between the plaintiff’s litigation and the relief ultimately achieved, and 2) that the relief ultimately secured by plaintiffs had a basis in law. [read post]
8 Jul 2015, 10:09 pm
As for the DOL test? [read post]
25 Feb 2007, 11:57 pm
The plaintiffs have failed to meet their burden. [read post]
26 Apr 2023, 7:30 am
He was rushed to the hospital where, even though imaging and tests indicated a brain stem stroke, doctors failed to diagnose or treat Buckelew until the following day. [read post]
3 Sep 2023, 3:51 am
Plaintiffs further allege that Plaintiff Butin is a Florida resident and United States citizen and Plaintiff Strianese is a Nevada resident and United States citizen. [read post]
15 Sep 2016, 6:55 am
The award of punitive damages was based upon plaintiff’s claim that not only was defendant a drunk driver with a blood alcohol test more than two times the legal limit but also that his conduct was so outrageous that it amounted to wanton and reckless behavior that should be punished. [read post]
24 Feb 2010, 5:30 am
It's no secret: plaintiffs like state court and defendants like federal court. [read post]
31 Oct 2014, 5:13 pm
Accordingly, the Second Circuit found the claims not yet ripe and affirmed the holding of the district court to dismiss the plaintiff’s claims. [read post]
27 Aug 2006, 5:42 pm
Plaintiff hired a well-respected consulting firm to do these reviews and reasonably relied on the results. [read post]
18 Oct 2021, 8:31 am
Wielding dominance theory, competitor-plaintiffs should have standing to challenge transactions by dominant firms that foreclose or limit the plaintiff’s ability or incentive to compete. [read post]
7 May 2024, 1:11 pm
Plaintiffs assert that the law fails the strict scrutiny test as it neither serves a compelling government interest nor is narrowly tailored. [read post]
19 Nov 2017, 4:31 am
Gandy, testified that plaintiff was showing signs of infection, including an elevated white blood cell count and fever, before his discharge, and that it was a deviation from the standard of care to not do more testing based on these indications. [read post]
14 Jul 2008, 6:35 am
But this information isn't always enough to identify who wrote the offending words.The quadripartite test is interesting in that the plaintiffs are required to make a prima facie showing that the comments are defamatory, which should be sufficient in itself to remove the cloak of First Amendment Protection. [read post]
12 Dec 2006, 7:23 am
Over the course of eight months, Medtronic continued to test and understand the shorting problem. [read post]
19 Dec 2006, 8:15 pm
None of NHTSA's testing could do so. [read post]
30 Jun 2023, 1:56 pm
The 9-0 decision was at least partially a win for the plaintiffs bar and the U.S. [read post]
7 Jan 2011, 1:57 pm
Later a genetic marker test showed a 99.99% likelihood that he was the father of the child born. [read post]
21 Jun 2007, 10:40 am
I think not, and I therefore think that the Court's test must fail. [read post]
