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16 Jul 2019, 12:20 pm
Also, the survey’s anonymity foreclosed the defendants from cross-examining witnesses to verify responses or test them for accuracy or bias.Slip op., at 17. [read post]
12 Sep 2023, 2:18 pm
The American Society for Testing and Materials (ASTM), National Fire Protection Association Inc. [read post]
4 Sep 2014, 2:32 pm
This week, in an Opinion in Safety Test & Equipment Co. v. [read post]
12 Oct 2021, 5:30 am
Defendants admitted that the sole active ingredient was a proprietary version of the tested green coffee ingredients. [read post]
23 Apr 2013, 12:33 pm
Apr. 18, 2013) In this product liability case, Plaintiffs’ Steering Committee objected to Biomet’s reliance on keyword searching to initially reduce the volume of information it then subjected to predictive coding and sought to require Biomet to start again and to utilize only predictive coding, with plaintiffs’ input. [read post]
18 Mar 2015, 7:00 am
” Id.Having confirmed that the “learned intermediary” doctrine was applicable to the case, the Court turned to testing the evidence of record on warnings. [read post]
23 Apr 2013, 2:06 pm
Under that test, if a plaintiff shows that discrimination is a “motivating factor” in an employment decision, the defendant is liable unless it can prove that it would have taken the same action anyway. [read post]
14 Oct 2021, 8:13 am
B really believes that COVID-19 is uniquely a test from God but not whether COVID-19 really is a test from God. [read post]
13 Dec 2013, 2:36 am
HRSA determined that plans should include coverage without cost-sharing for: specified annual well-woman visits; gestational diabetes screening; HPV DNA testing; testing for sexually transmitted diseases and HIV screening and counseling; breastfeeding support, supplies and counseling; domestic violence screening and counseling; and . . . [read post]
7 Apr 2008, 12:23 am
Consider the following analogy: Suppose a group of Latino plaintiffs challenges a state employer's use of some hiring test on the grounds that it has a disparate impact without sufficient justification, in violation of Title VII. [read post]
1 May 2009, 3:32 am
The physician considers all relevant potential causes of the symptoms and then eliminates alternative causes based on a physical examination, clinical tests, and a thorough case history. [read post]
4 Dec 2006, 11:42 am
Plaintiff's attorneys, at least those representing individual plaintiffs, don't have that luxury. [read post]
21 Dec 2022, 4:51 pm
The yardstick test is often employed when a plaintiff “is driven out of business before he is able to compile an earnings record sufficient to allow estimation of profits. [read post]
23 Dec 2010, 4:46 pm
In 2002, plaintiff Emanuel Papadopoulos fell and fractured his pelvis at the Liberty Tree Mall parking lot in front of a Target Corp. store. [read post]
20 Mar 2022, 8:47 am
Fiore nullified the “effects test”. [read post]
4 Apr 2023, 1:36 pm
The fourth-category cases generally were filed later than the cases in the other three categories, so up until now, the sufficiency of the allegations had not yet been tested. [read post]
13 Jun 2022, 6:46 pm
The decision allows the plaintiff investors to proceed with most of their breach of duty and unjust enrichment charges, but dismisses some aiding and abetting charges against the same defendants as duplicative. [read post]
25 Dec 2023, 7:30 am
Economic damages aim to cover the quantifiable losses incurred by the plaintiff. [read post]
26 Jul 2016, 10:45 am
” More rigorous testing should have been required before the products hit the market, experts testified. [read post]
22 Aug 2017, 11:58 am
The FDA is still testing whether there is a link between talc and asbestos, but the agency has stated there are concerns that talc can also contain deadly asbestos fibers. [read post]
