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1 May 2018, 1:02 pm by Timothy Kim
In January 2005, Plaintiff Charles Lee entered into a written independent contractor agreement with Dynamex to provide delivery services for the company. [read post]
7 May 2018, 3:58 pm by Timothy Kim
In January 2005, Plaintiff Charles Lee entered into a written independent contractor agreement with Dynamex to provide delivery services for the company. [read post]
7 May 2018, 3:58 pm by Timothy Kim
In January 2005, Plaintiff Charles Lee entered into a written independent contractor agreement with Dynamex to provide delivery services for the company. [read post]
18 May 2012, 9:24 am by Second Circuit Civil Rights Blog
Whether legislative prayer violates the Establishment Clause requires a totality-of-the-circumstances test. [read post]
27 Jun 2014, 6:24 am by Cappetta Law Offices
Birnbaum, did not order any tests to determine the origin or cause of his patients complaints. [read post]
29 Jun 2009, 3:48 am
  That, and the earlier decision on post-conviction DNA testing, will be discussed here later this week. [read post]
22 Feb 2018, 11:48 am by Joe Liburt
Feb. 8, 2018), Plaintiff Raef Lawson worked as a restaurant delivery driver for Grubhub for four months in late 2015 and early 2016. [read post]
6 Oct 2014, 1:46 am by Kevin LaCroix
” The Court said the test for “relevant truth simply means that the truth disclosed must make the existence of the actionable fraud more probable than it would be without that alleged fact. [read post]
21 Jun 2011, 8:52 am by Christina Carroll
 On the other hand, plaintiffs will point to the fact that the Court specifically noted that the test for displacement of federal common law presents a lower threshold than preemption of state law. [read post]
29 Jun 2021, 6:10 am by John Jascob
Applying the Rales test used by the Delaware courts to determine whether a complaint properly alleges demand futility where the subject of the derivative suit is not a business decision of the board, the court stated that the main issue concerned whether the directors were conflicted, or "interested," such that the board could not have properly exercised its independent and disinterested business judgment in responding to the demand.The plaintiffs argued that the Danaher… [read post]
30 Dec 2014, 12:03 pm by John Jascob
”NECA established a two-part test for class standing: (1) whether the plaintiff personally has suffered some actual injury as a result of the putatively illegal conduct of the defendant, and (2) whether the conduct implicates the same set of concerns as the conduct alleged to have caused injury to other members of the putative class by the same defendants. [read post]
1 Aug 2013, 6:00 am by Wystan M. Ackerman
  Jury research may be helpful in developing themes, testing how a jury might perceive the named plaintiffs and their claims, and whether or not to exclude jurors whose immediate family members are class members (the defendant should have the right to exclude these jurors but might not want to). [read post]
11 Mar 2016, 5:00 am by Daniel E. Cummins
  In response to these contentions by the Plaintiff, the Pennsylvania Superior Court wrote, “We disagree. [read post]
9 Aug 2018, 6:31 am by Second Circuit Civil Rights Blog
But as the majority puts it: "the dissent mistakenly applies the Bennett burden-shifting test to Suri's claim that Cirullo tacitly sought sexual favors from her, and mistreated her after she rebuffed him. [read post]
2 May 2022, 10:19 am by Rebecca Tushnet
” Unlike in cases excluding surveys, the questions here didn’t appear to “ultimately test[ ] reading comprehension and common sense rather than the likelihood of consumer [beliefs]. [read post]
11 Apr 2017, 10:12 am by Rebecca Tushnet
 Plaintiffs filed a motion to amend the complaint to clarify that they were suing Dr. [read post]
28 Mar 2013, 2:50 pm by John Lewis
  Whereas Dukes is widely viewed as a business-friendly decision for its strict common “question of law or fact” requirement with respect to class liability, Comcast takes Dukes a step further by applying that same commonality test to classwide damages. [read post]