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5 Mar 2019, 7:27 am
” No Pendent Appellate Jurisdiction over the District Court’s FLSA Collective Action Order The Third Circuit’s decision is also important because it signaled an unwillingness to conflate the FLSA’s similarly situated standard for a collective action with FRCP Rule 23’s more stringent test for class certification. [read post]
5 Mar 2019, 7:10 am
Likewise, the court saw as non-dispositive the safety training and drug testing that was required, noting that those requirements related to safe operations. [read post]
5 Mar 2019, 3:03 am
There is no test for how “severe and pervasive” conduct must be before landlord liability kicks in. [read post]
5 Mar 2019, 3:00 am
To the contrary, the test is “a reasonable reading of the value of the rights being litigated. [read post]
4 Mar 2019, 1:03 pm
Based on the law, a plaintiff must prove that the school knew of the dangerous condition, but took no steps to correct the condition. [read post]
4 Mar 2019, 11:53 am
The real reason doctors order too many tests and procedures: workload and revenue. [read post]
4 Mar 2019, 11:53 am
The real reason doctors order too many tests and procedures: workload and revenue. [read post]
4 Mar 2019, 9:24 am
The plaintiff’s mother filed a timely administrative claim with the Federal Highway Administration (FHWA) claiming that a highway barrier that had failed during the accident was not adequately tested or approved for use. [read post]
4 Mar 2019, 9:18 am
The plaintiff argued that a second question regarding the testing of the anastomosis should have been included as well. [read post]
4 Mar 2019, 5:57 am
After serving seven years in prison for a kidnapping and rape conviction, a DNA test revealed that Echols’s DNA did not match the semen recovered from the victim. [read post]
3 Mar 2019, 7:15 am
The plaintiffs sought to rely on the Calder “Effects” test, where the Supreme Court said that a defamatory statement about a plaintiff could reasonably have effects in the plaintiff’s home state and would support jurisdiction against an out-of-state defendant there. [read post]
3 Mar 2019, 5:20 am
Plaintiffs’ lawsuits will also contend that setting aside the design failure and the failure to test, the manufacturer knew or should have known of the risk of infection the Bair Hugger was causing and did nothing about it. [read post]
2 Mar 2019, 5:16 pm
In practice, however, most courts have set forth a test or series of factors for cases warranting review. [read post]
2 Mar 2019, 3:50 pm
File a Claim under Negligence or intentional Misrepresentation In order to win a claim for damages under negligence theory a consumer would have to prove the following: Defendant supplied information for use in a business transaction that was false The defendant knew or should have known the information was supplied to guide the plaintiff in a business transaction The defendant was negligent in obtaining or communicating the false information The plaintiff relied on the false… [read post]
2 Mar 2019, 3:50 pm
File a Claim under Negligence or intentional Misrepresentation In order to win a claim for damages under negligence theory a consumer would have to prove the following: Defendant supplied information for use in a business transaction that was false The defendant knew or should have known the information was supplied to guide the plaintiff in a business transaction The defendant was negligent in obtaining or communicating the false information The plaintiff relied on the false… [read post]
2 Mar 2019, 10:04 am
Johnson & Johnson was rocked at the end of 2018 by Reuters reporting that analyzed thousands of pages of internal company documents that appeared to show executives with the corporation knew for decades about positive tests for carcinogens in its talcum powder products. [read post]
2 Mar 2019, 2:46 am
The paper ponders whether allowing the defendant to plead back the same implications as pleaded by plaintiff, rather than only those not pleaded by the plaintiff, might “ensure the clause applies as intended”. [read post]
1 Mar 2019, 12:14 pm
The final section of the majority opinion addresses the IFC’s argument that the dynamic incorporation of foreign sovereign immunity into the IOIA would lead to a flood of foreign-plaintiff litigation in U.S. courts. [read post]
1 Mar 2019, 11:45 am
Ch. 2018 WL 4719347), the plaintiff pharmaceutical company (“Akorn”) brought suit against Fresenius seeking specific performance of its signed merger agreement. [read post]
1 Mar 2019, 9:09 am
The Defendant’s Treatment of Plaintiff Allegedly, the plaintiff, who is intellectually disabled, visited the defendant doctor to obtain results of blood and urine tests. [read post]
