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21 Jan 2020, 5:13 pm
The reported that the slug Plaintiff Chaunda partially consumed tested positive for the rat lungworm parasite, Angiostrongylus cantonesis. [read post]
21 Jan 2020, 1:11 pm
He sustained head and neck injuries while testing the steering equipment during sea trials of the Millville. [read post]
21 Jan 2020, 1:11 pm
He sustained head and neck injuries while testing the steering equipment during sea trials of the Millville. [read post]
21 Jan 2020, 8:36 am
Depending on how the court rules, employers may need to examine their business operations and consider how the ABC test may impact their classification of workers as independent contractors. [read post]
21 Jan 2020, 4:20 am
This is an objective test—but for the act of the defendant, would the victim still be alive? [read post]
21 Jan 2020, 12:25 am
An alternative case theory that is often employed by plaintiff law firms — especially in the U.S. [read post]
20 Jan 2020, 3:55 pm
To invoke the "fraud in the inducement" exception, a plaintiff must demonstrate three elements: (1) that the defendant engaged in an intentional misrepresentation; (2) that the misrepresentation occurred before the contract was formed; and (3) that the alleged misrepresentation was extraneous to the contract. [read post]
20 Jan 2020, 3:04 pm
Applying the Rales test The high court applied its seminal demand futility test articulated in Rales v. [read post]
20 Jan 2020, 2:55 pm
The Kings County jury agreed but found plaintiff bore some responsibility too and it apportioned fault 75% to the defendant and 25% to the plaintiff. [read post]
20 Jan 2020, 12:46 pm
Further testing indicated that the plaintiff had suffered a disk injury in his back, which likely would not heal due to various factors. [read post]
20 Jan 2020, 11:18 am
” The plaintiffs on the petition are victims Rick Schiller, Steven Romes, and the Porter Family. [read post]
20 Jan 2020, 9:27 am
While most circuits have adopted the Gordon & Breach factors, the Fourth Circuit had not done so and in particular the second part of the test, that the plaintiff must be “a defendant in commercial competition with the plaintiff. [read post]
20 Jan 2020, 6:36 am
(“To establish a wrongful intrusion, a plaintiff must demonstrate that she had a reasonable expectation of privacy in the area allegedly intruded. [read post]
20 Jan 2020, 5:20 am
It will require the plaintiff proving the case and that truly the incident and damages were at the fault of the poorly tested motorcycle. [read post]
19 Jan 2020, 6:42 pm
The plaintiffs then moved for default judgment. [read post]
18 Jan 2020, 7:52 am
Despite federal laws requiring talc products to be asbestos-free, strong evidence exists that Johnson & Johnson continued to produce talc-based products that tested positive for asbestos. [read post]
17 Jan 2020, 7:45 am
" Since plaintiff is a registered nurse, this case presents a dilemma for the Second Circuit (Cabranes, Raggi and Korman [D.J.]).In solving a case like this, the court applies a three-part test: "to qualify for the exemption, the employee must satisfy a 'primary duty test' consisting of three factors or prongs: (1) the work requires 'advanced knowledge,' (2) 'in a field of science or learning,' (3) 'customarily acquired by a… [read post]
17 Jan 2020, 12:06 am
In the former case a manifestly disproportionate test is applied, in the latter case a least restrictive means test. [read post]
16 Jan 2020, 9:05 pm
But he also ruled that any disputes about parental status must be resolved through DNA tests, which the government had previously objected to due to “operational concerns. [read post]
16 Jan 2020, 5:54 pm
The court then applied the test in light of the evidence presented at trial. [read post]
