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18 Dec 2019, 5:00 am
”The plaintiffs bar attempted to paint a picture that the IME practice was being abused by the carriers by alleged repeated referrals of insureds for medical exams, by allegedly selecting doctors favorable to carriers, and in other ways.The plaintiff’s argument in Sayles was that the policy provisions in automobile insurance policies allowing a carrier to refer an insured to a medical exam to test the validity of the insured’s need for ongoing treatment… [read post]
18 Dec 2019, 4:00 am
The Court then turned to the test to be applied for a site blocking order. [read post]
17 Dec 2019, 7:36 pm
Instead, they gave us a complex multi-factor test to help determine which cases of government-induced flooding are takings and which are not. [read post]
17 Dec 2019, 3:59 pm
A stool sample collected from Plaintiff at Central DuPage Hospital tested positive for E. coli O157:H7. [read post]
17 Dec 2019, 12:32 pm
The plaintiff continues to recover. [read post]
17 Dec 2019, 12:25 pm
Uber, however, continues to insist its drivers are not employees under the ABC test established in the landmark Dynamex decision last year. [read post]
17 Dec 2019, 7:48 am
Plaintiff LBI, Inc., a small Groton-based research and design development company, was to design, build and test the Navy’s underwater drones, and LBI partnered with Defendant Charles River Analytics, Inc. to do the computer analytics. [read post]
16 Dec 2019, 6:55 pm
In order to do so, the plaintiff must first prove that the accident was the defendant’s fault, and then the plaintiff must present detailed evidence proving the resulting damages. [read post]
16 Dec 2019, 11:48 am
” Because the speech wasn’t false or inherently misleading, the court moved to the rest of Central Hudson’s test. [read post]
15 Dec 2019, 9:00 am
Update Required To play the media you will need to either update your browser to a recent version or update your Flash plugin. [read post]
15 Dec 2019, 2:52 am
In the circumstances, he awarded nominal damages of €500 [plus costs] … There was a “momentary defamation” which was almost immediately corrected such that people in the vicinity could not have reasonably formed any lasting adverse opinion of the plaintiff, … Given the trifling sum of nominal damages, the plaintiff is lucky to have received his costs. [read post]
13 Dec 2019, 12:30 pm
Sixth Circuit (deepening a circuit split): Mere vulnerability isn't enough; a plaintiff must show that the university's inadequate response led to further harassment, and none of the plaintiffs have alleged that. [read post]
13 Dec 2019, 6:10 am
The judge rejected the plaintiff’s argument that he was exempt from the FAA under the residual clause. [read post]
13 Dec 2019, 3:24 am
In Davis, the Supreme Court laid it out in a clear test. [read post]
12 Dec 2019, 9:04 pm
The Plaintiffs also claim ALDI breached duties owed to the ultimate consumers of its salad products. [read post]
12 Dec 2019, 7:18 am
Those injuries won’t show up on any objective medical test like a CT Scan, X-Ray or MRI. [read post]
12 Dec 2019, 12:00 am
Although the judge in this case did not address the “blue pencil test”, it is unlikely that the application of that test would have saved this contract. [read post]
10 Dec 2019, 6:53 am
Brennan, 511 U.S. 825 (1994), which provides a two-part test: plaintiff must show he faced a substantial risk of serious harm, and plaintiff must show that prison officials were deliberately indifferent to that risk. [read post]
10 Dec 2019, 6:03 am
Here’s the Supreme Court’s articulation of the (fairly malleable) test in Anderson v. [read post]
9 Dec 2019, 11:08 am
” Plaintiffs alleged that customers had been confused, and that one of IOM’s team members “immediately contacted [an IOM principal] when she saw the book and asked if this was the same ‘sleep doctor’ who [they] had been working with[.] [read post]
