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1 Mar 2019, 6:10 am by Second Circuit Civil Rights Blog
The test is whether she was "similarly situated in all material respects to individuals with whom she seeks to compare herself," as per Graham v. [read post]
1 Mar 2019, 4:26 am by Olivia F. Fajen
  Three of the test cases, all before the same federal court judge, resulted in substantial jury awards totaling almost $550 million. [read post]
28 Feb 2019, 9:57 am by Arfaa Law Group
In June of 2012, the plaintiff was admitted to the hospital where tests showed a heavy growth of MRSA infection. [read post]
28 Feb 2019, 9:49 am by Eugene Volokh
Rather, the burden is on the plaintiffs to show that the government's conduct shares the historic characteristics of an establishment. [read post]
28 Feb 2019, 6:21 am by Second Circuit Civil Rights Blog
This inmate survives that formidable hurdle, the bane of all plaintiffs' civil rights lawyers.The case is Neary v. [read post]
28 Feb 2019, 6:20 am by Ezra Rosser
It proposes a test to aid advocates, courts, and local legislators. [read post]
28 Feb 2019, 5:08 am by Michael Risch
This article tests one such important challenge rule. [read post]
28 Feb 2019, 3:56 am by Stephen Pitel
Brown J’s concurring decision did not comment at any length on the test for submission. [read post]
27 Feb 2019, 12:32 pm by emagraken
  Using this test the court found the waiver for injuries in classes could not extent to a tournament. [read post]
27 Feb 2019, 9:59 am by David J. Halberg, Esq.
In this case, over the course of nearly a year, the patient underwent eight surgeries – including removal of spinal discs to address infection of the bones following the discovery of numerous abscesses on MRI tests. [read post]
27 Feb 2019, 9:46 am by Steven Cohen
  He has operated a bicycle shop for nearly 25 years, was a professional bicycle racer, and has experience designing and building bike wheels and testing relevant products. [read post]
27 Feb 2019, 7:52 am by Administrator
Even if it is appropriate to apply the ‘material contribution to risk’ test as discussed in Clements, the plaintiff or insured still has to pass the ‘but for’ test”. [read post]
27 Feb 2019, 3:54 am by silverman_admin
The manufacturer has a duty to test their product and recall any defective parts. [read post]
26 Feb 2019, 4:36 pm by David Kopel
The BATFE case involved a restriction on one means of acquiring handguns, and was tested under intermediate scrutiny. [read post]
26 Feb 2019, 10:04 am by Scott H. Kimpel
To satisfy this latter test, the court must consider whether the defendants’ conduct indicated any continuing relationship with forum state residents, deliberately exploited the forum state’s market, or suggested intentional conduct that targeted and had substantial harmful effects in the forum state. [read post]
26 Feb 2019, 10:02 am by Robert J. Fleming
About 13,000 plaintiffs have filed claims in pending lawsuits involving talc-based body powders. [read post]
26 Feb 2019, 7:46 am by Beth Graham
Although Hoffmann-La Roche gave district courts discretion to send notice of pending FLSA actions to potential opt-in plaintiffs, it did not explain whether Arbitration Employees waiving their right to proceed collectively count as “potential plaintiffs. [read post]
25 Feb 2019, 12:57 pm by David Russcol
” Under the catalyst test, a settlement that gets the plaintiff a material amount of relief, as opposed to a frivolous or unmeritorious claim that the defendant settles to avoid the nuisance of litigation, will entitle the plaintiff to a reasonable award of attorney’s fees. [read post]
24 Feb 2019, 4:00 am by Administrator
If the holding company had commenced this action as plaintiff, the defences of privity and standing which were so pivotal in the appeal decision would have never arisen. [read post]