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22 Aug 2007, 2:47 pm
  The court ruled the attorney work-product privilege of litigation counsel cannot be examined by plaintiff's counsel when the client asserts the "advice of counsel" defense to avoid a charge of willfulness. [read post]
22 May 2007, 5:40 am
The case tests the limits of workplace protections for congressional staffers.The plaintiff was the office manager for Senator Dayton and claims that his employment was terminated after he advised that he needed an operation to correct a heart condition. [read post]
29 Jan 2010, 11:34 am by Matthew Nelson
In the first test of the Michigan Supreme Court’s new recusal standard, the Court denied motions filed by the Fieger law firm to disqualify Justices Corrigan, Markman, and Young. [read post]
15 Apr 2014, 10:04 am by Gangemi P.C.
  An employee is considered exempt if they are paid a salary AND their duties satisfy the tests for a bona fide executive, administrative, or professional employee. [read post]
4 Apr 2023, 11:55 am by Richard Reibstein Esq.
Subsequently, the California Supreme Court issued its decision in Dynamex, which enunciated that a new test – the so-called three-pronged ABC test and not the multi-factor test under Borello – governed the driver’s minimum wage and overtime compensation claims. [read post]
13 Jan 2022, 5:00 am by John Wester and Emma Kutteh
In evaluating whether plaintiffs met this burden, Judge Fenner dissected both experts’ opinions, including the details of the regression models, with a focus on the sub-regressions that disaggregated plaintiffs’ expert Professor Ackerman’s model to test for any measured overcharge to individual retailers. [read post]
5 Aug 2007, 7:23 pm
Rather, the test is whether the pleading as amended is based upon the same specific conduct, transaction or occurrence between the parties upon which the plaintiff tried to enforce his original claim. [read post]
26 Jun 2015, 12:41 pm
Here’s what happened in this case: The plaintiffs practice “eyebrow threading,” which is apparently a technique for shaping eyebrows and removing eyebrow hair using a cotton thread. [read post]
21 Feb 2018, 10:49 am by Jo Dale Carothers
To determine whether claims are patent eligible the Supreme Court set forth a two-part test in Mayo v. [read post]
4 Apr 2019, 12:34 pm by Eric Caligiuri
Ct. 1744 (2014), district courts are to apply a “totality of the circumstances” test to determine whether a case is exceptional. [read post]
3 Mar 2014, 8:40 pm by Mary Pat Dwyer
B.H. 13-672Issue: Whether the Third Circuit erred in constructing a new test for the application of Bethel School District No. 403 v. [read post]
27 Jun 2011, 3:08 am by Sean Wajert
The new law places a cap of $750,000 on the non-economic damages incurred by an injured plaintiff, damages like pain and suffering. [read post]
6 Mar 2018, 9:38 am by David J. Halberg, Esq.
Plaintiff’s medical malpractice lawyer told the Herald there is no record the defendant nurse was tested by hospital administrators. [read post]
6 Mar 2018, 9:38 am by David J. Halberg, Esq.
Plaintiff’s medical malpractice lawyer told the Herald there is no record the defendant nurse was tested by hospital administrators. [read post]
11 May 2010, 7:13 am by Stephen D. Rosenberg
That’s what this case here begins to answer, at least in the Boston market and in the context of the fees that should be awarded to a prevailing plaintiff. [read post]
25 Mar 2019, 11:36 am by Deborah Heller
Hardeman’s case was the first of three test trial cases that would be used to help both plaintiffs and defendants determine damages and possible settlement parameters. [read post]