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22 Feb 2017, 10:02 am
Background This case, American Society for Testing and Materials v. [read post]
9 Jun 2011, 7:12 am
Crowe) the Plaintiff was injured in a motor vehicle collision. [read post]
6 Apr 2016, 6:41 am
Schadegg, supra.Next, the Magistrate Judge outlined the “legal standard” she was required to apply in ruling on the defendants’ motions to dismiss the suit:The purpose of a motion to dismiss pursuant to Rule 12(b)(6) is to test `the sufficiency of the allegations within the four corners of the complaint after taking those allegations as true. [read post]
21 Jan 2014, 6:34 am
” That is, all sources understand this fair use factor to require analysis only of the deleterious economic effects of the defendant’s use on the market for or value of the plaintiff’s work of authorship. [read post]
31 Oct 2019, 5:55 pm
Lead plaintiff competitions are not a race to the courthouse or a test of the fittest. [read post]
13 Mar 2015, 8:20 am
Applying the “economic realities” test, the court noted that the club exerted considerable control over the dancers, and they had minimal investment and no special skills or prior experience but were integral to the success of the club. [read post]
15 Dec 2009, 5:00 am
Company" to present the need for the drug, the history of its development, the testing required by the FDA, and so forth. [read post]
4 Jan 2012, 6:30 am
The Court reiterates the oft-stated mandate "to ensure the liberal construction of the City HRL by requiring that all provisions of the City HRL be construed 'broadly in favor of discrimination plaintiffs, to the extent that such a construction is reasonably possible.'" Under that test, while the First Department approves of the Supreme Court's McDonnell-Douglas burden-shifting procedure, it emphasizes that the fourth prong of the prima facie inquiry --… [read post]
22 Jun 2010, 12:40 pm
The Court awarded the Plaintiff $27,276 for her injuries and losses. [read post]
31 Jan 2013, 7:59 am
The presumption of the plea of pre‑existing condition was confirmed. [25] Thus, in my view, the defendant has met the threshold test of relevancy with respect to the following reports: Dr. [read post]
8 May 2024, 11:49 am
Implications I look at the “product design” workaround to Section 230 as a type of Rorschach test. [read post]
26 Sep 2023, 9:01 pm
Plaintiff appealed. [read post]
25 Mar 2013, 7:57 am
Those tests provide a largely objective measure of the plaintiff’s cognitive functioning. [read post]
27 May 2007, 1:23 pm
This week's action tests exactly how far that faith can be pushed: despite resolution of 6 cases, the offerings barely moved the needle in terms of pure interest. [read post]
20 Mar 2017, 9:11 am
Any premium in excess of the range cited could potentially expose a corporation’s fiduciaries to an allegation of bad faith, thereby triggering the entire fairness test as the operative standard of review. ____________________________ [1] C.A. [read post]
10 Apr 2013, 4:08 pm
A test which looks solely at the law guardian's good faith protects the law guardian's exercise of that independent judgment which is implicit in a role which requires acts in another's best interest. [read post]
4 May 2012, 11:37 am
Plaintiff failed to comply with The City’s drug test procedures and Defendant was implementing federal regulations required for the position and did not violate state or local discrimination laws by doing so. [read post]
19 Mar 2012, 10:13 am
Upon arrival at the Emergency Department, a history was taken, she was examined, and diagnostic tests were performed. [read post]
1 Jun 2010, 5:00 am
If so, the analysis could be different under a statute that did not have this specific language as part of the test of discoverability (see for example the language in s. 5(1)(a)(iv) of the Ontario limitation statute). [read post]
19 Dec 2017, 8:39 am
He did not measure anything, did not see the car, and cites no accident information, statistics or testing. [read post]
