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26 Aug 2014, 5:00 am
In short, the Second Circuit developed a reverse effects test. [read post]
30 Nov 2015, 7:56 pm
The plaintiff sought treatment from her physician, who prescribed antiviral drugs and HIV and hepatitis tests. [read post]
30 Nov 2015, 7:56 pm
The plaintiff sought treatment from her physician, who prescribed antiviral drugs and HIV and hepatitis tests. [read post]
2 Apr 2013, 4:00 am
Discovery proceeded and it soon became obvious that the plaintiffs had problems. [read post]
13 Feb 2008, 5:04 am
Plaintiff’s counsel argued that neuropsychological testing was objective and satisfied the verbal threshold. [read post]
9 Nov 2020, 6:00 am
It is unusual for the plaintiff who filed the court action to later want to pursue arbitration. [read post]
20 Jul 2017, 6:54 am
Plaintiff appealed, arguing that the trial was fatally tainted because the judge charged the jury under the "but for" test and not the "motivating factor" test. [read post]
1 Oct 2019, 5:15 am
CC Art. 670, cited by the plaintiffs, addresses a landowner who constructs a building in good faith that encroaches on adjacent estate. [read post]
15 May 2023, 6:00 am
The New York City Transit Authority [Respondent] terminated Plaintiff's employment as a bus operator because he failed to provide a urine sample for a drug test. [read post]
15 May 2023, 6:00 am
The New York City Transit Authority [Respondent] terminated Plaintiff's employment as a bus operator because he failed to provide a urine sample for a drug test. [read post]
27 Sep 2011, 4:30 am
The real kick in the teeth to plaintiffs? [read post]
8 Feb 2010, 8:00 am
Finally, the Fifth Circuit found that even if the relation back test needed to apply, “resurrected” plaintiffs and claims satisfied the test both under Louisiana as well as Federal law. [read post]
3 Jun 2013, 7:24 am
The plaintiff is a woman of modest means. [read post]
7 Jul 2016, 4:21 am
Tests of Norian conducted in the early 2000s on pigs ended with the animals dying within just seconds. [read post]
22 Jul 2018, 3:25 pm
By way of background, Medicaid is a program run by the several States which is designed to provide medical coverage to vulnerable individuals among the population, and has a means test (i.e., an income-based test, as well as an asset-based test) to determine eligibility for benefits. [read post]
4 Feb 2015, 9:36 am
Plaintiff argues that defendants’ independent medical expert, failed to perform a complete set of range of motion testing in all plains of motion on plaintiff’s injured area, specifically that the doctor did not conduct any range of motion testing in the areas of either left or right lumbar rotation and therefore his opinion that plaintiff has a normal range of motion is suspect. [read post]
28 Mar 2022, 10:04 am
Last week we got verdicts in the 12th and 13th bellwether test trials in the ongoing 3M earplugs litigation, the largest consolidated mass tort in U.S. history with almost 300,000 plaintiffs. [read post]
8 May 2012, 9:33 am
The District of Columbia will pay $20,000 to resolve cases brought by four plaintiffs who sued over the city's incorrectly calibrated breath test machines. [read post]
7 Nov 2014, 8:18 pm
With respect to the existence vel non of punishment in the bill of attainder, the Second Circuit has identified the following three factors to consider: 1) whether the challenged statute falls within the historical meaning of legislative punishment (historical test of punishment); 2) whether the statute, “viewed in terms of the type of severity of burdens imposed, reasonably can be said to further non-punitive legislative purposes” (functional test of punishment); 3)… [read post]
12 Apr 2012, 2:35 pm
Upon arriving thereat, she was asked to complete some forms, pay the appropriate fees and subject to a urine and blood test. [read post]