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25 Nov 2011, 6:58 pm
"It is not clear that defendant's failure to communicate directly with plaintiff was a breach of his duty to communicate, because any question of the applicable standard of care in defendant's professional relationship with plaintiff and her husband turned on questions of 'conflicting interest.'" Id. at 410.Thus, Barth could not recover without presenting the testimony of an expert witness and her claim was lost.Edward X. [read post]
26 Nov 2007, 12:22 am
[www.nylj.com]
Certain Underwriters at Lloyd's, London, plaintiff-appellant v. [read post]
30 Oct 2012, 4:27 pm
Doctors examined her and ordered several tests, including x-rays of her cervical, thoracic, and lumbar spines. [read post]
11 Oct 2019, 5:54 am
US EPA the plaintiff did not have standing so sue the EPA over the granting of a water discharge permit. [read post]
6 Mar 2012, 4:42 pm
Examples of this type of fraud include billing for medical services and goods that were never provided, as well as procedures and tests that were not required, double billing, up-coding, unbundling, and medical equipment fraud. [read post]
19 Mar 2012, 1:34 pm
The at fault driver was also driving southbound on Clark Street, behind the plaintiff. [read post]
28 Mar 2023, 6:52 am
There is thus no need for the Court to consider the potential chilling effect on a specific group of potential litigants separately from its application of the Sealed Plaintiff balancing test, which already "requires a district court to exercise its discretion in the course of weighing competing interests. [read post]
22 Jul 2020, 6:15 am
The daughter retrieved a shopping cart from the vestibule for plaintiff’s use, and plaintiff proceeded to shop for around thirty minutes. [read post]
16 Jun 2011, 9:58 am
In short the BC Court of Appeal provided the following summary of the law of causation in BC negligence lawsuits: [63] In summary, having regard to the over-arching policy that the material-contribution test is available only when a denial of liability under the but-for test would offend basic notions of fairness and justice, I agree with the following statement made by Professor Knutsen in setting out his conclusions… [read post]
15 Dec 2008, 6:54 pm
Plaintiff went to see his doctor when testing revealed signs of kidney disease. [read post]
11 Jan 2018, 8:17 am
This would be a lab at the company so they might have an interest in not finding asbestos rather than confirming the findings of the tests of a potential plaintiff in an defective products lawsuit. [read post]
31 Jan 2014, 12:41 pm
This test is a balancing of the defendant’s First Amendment rights and the plaintiff’s right of publicity. [read post]
31 Jan 2014, 12:41 pm
This test is a balancing of the defendant’s First Amendment rights and the plaintiff’s right of publicity. [read post]
28 Oct 2008, 5:21 am
On those occasions, I instruct the mediator confidentially that my client needs a little reality testing if the case is going to settle. [read post]
2 Sep 2020, 7:42 am
He also acknowledges that (at the Plaintiff's request) he and the Plaintiff shared intimate photos of each other on their respective cell phones. [read post]
9 Apr 2012, 8:59 am
Plaintiff did, however, have standing to represent those females who did not pass the Work Keys test post-2009. [read post]
24 Jan 2019, 10:01 am
What mental state would the plaintiff have to show on the speaker's part? [read post]
20 Oct 2016, 9:50 am
Yesterday’s New Jersey appellate decision in Petro-Lubricant Testing Laboratories v. [read post]
10 Jun 2013, 5:46 pm
Now Judge Houck turns to a detailed analysis of the defendants' arguments to see how they fare under each of the four prongs of this test. [read post]
3 May 2023, 7:39 am
She found that only 0.7%-1.3% of the test group noticed the statement and that there was no statistically significant difference between the test and control with respect to their conclusions about the Peloton products after viewing the webpages. [read post]
