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27 May 2019, 11:37 pm
This test is also applicable to the importation of an implied term. [read post]
27 May 2019, 10:26 am
Boone did not review the raw test data from three tests that were performed on the plaintiff by other doctors. [read post]
27 May 2019, 6:28 am
The statute reads in part: “(V)iolation of a criminal statute, ordinance or regulation by a plaintiff which contributed to said injury, death or damage, shall be considered as evidence of negligence of that plaintiff, but the violation of said statute, ordinance or regulation shall not as a matter of law and for that reason alone, serve to bar a plaintiff from recovery. [read post]
26 May 2019, 8:10 pm
The plaintiff, Lawrence Wilson, displayed signs in his front yard for “Black Lives Matter,” “Clinton Kaine,” and “Jason Kander for U.S. [read post]
26 May 2019, 4:01 am
Fletcher test. [read post]
24 May 2019, 3:01 pm
CHAMPIONS OF THE GIST (ANALYSIS) BRING ON A BIG CHILL ON PRESS FREEDOMS IN TEXAS Using its power to amend the "common law" the homogeneously Republican Texas Supreme Court has seen fit to exempt an entire industry (the legal profession) from the civil tort system by granting it "attorney immunity", but when it comes to a less captive audience, it's a different matter, even when the rights at issue are of constitutional dimensions. [read post]
24 May 2019, 10:27 am
The court applies the familiar three-prong test: * ICS provider. [read post]
24 May 2019, 6:52 am
” The court also found the plaintiff to have passed the purpose test. [read post]
24 May 2019, 3:01 am
Rosenberg, Minding the Campus] Families of wealth and standing have special reason to dislike standardized testing. [read post]
22 May 2019, 6:52 pm
May 17, 2019) (judgment for plaintiffs on jury verdict reversed)EMPLOYMENT LAW AND CREDITOR-CONSUMER LAW: ARE THEY ALIGNED? [read post]
22 May 2019, 6:18 pm
She underwent a blood test and an ultrasound to determine whether she had an intrauterine pregnancy, an ectopic pregnancy, or was suffering a miscarriage. [read post]
21 May 2019, 11:57 pm
Accordingly, the Clerk shall enter judgment in favor of Plaintiff. [read post]
21 May 2019, 3:02 pm
The blood-testing company Theranos, whose founder Elizabeth Holmes has now been charged with fraud, used trade secrets threats to try to intimidate both journalists and their sources. [read post]
21 May 2019, 12:34 pm
Jardines without describing the test as a trespass test, and instead explained that the test for determining whether a search has occurred turns on “physical intrusion. [read post]
21 May 2019, 9:21 am
The United States Court of Appeals for the District of Columbia Circuit vacated and remanded a fee award to prevailing plaintiff's counsel in a disability rights class action For decades, courts in this circuit have relied on some version of... [read post]
21 May 2019, 6:01 am
To the extent they have not adopted a negligence standard, courts have adopted an actual malice test. [read post]
21 May 2019, 5:39 am
She submitted new medical records, test results for an MRI and EEG that were normal, report of an independent medical exam (IME), and a new letter from her neurologist who repeated his earlier assessment that “she was advised to stop working. [read post]
20 May 2019, 9:01 pm
Constitution under current jurisprudence.This opinion was issued in a case testing the constitutionality of a 2015 state law, S.B. 95, which prohibits physicians from performing an abortion method known as Dilation and Evacuation (D&E) except when “necessary to preserve the life of the pregnant woman” or to prevent a “substantial and irreversible physical impairment of a major bodily function of the pregnant woman. [read post]
20 May 2019, 3:52 pm
In the aforementioned case, the plaintiffs alleged that the medical professionals violated the standard of care when instead of providing the patient with the necessary screening tests, they gave her narcotic pain medications, which further suppressed her respiratory system and discharged her from the hospital. [read post]
20 May 2019, 9:18 am
Almost all civilized jurisdictions require plaintiff to show negligence in such cases.[5] The test for non-obviousness such that a warning might be required under the law is an objective one, which does not turn on the user’s actual knowledge of the hazard.[6] Although standing on the sophisticated intermediary defense may have been improvident in Sawyer, there are many cases that cry out for dismissal on the strength of the defense. [read post]