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30 Nov 2017, 6:15 am by Law Offices of Jeffrey S. Glassman
At first they thought they would not lose when what has been termed a test jury found for the defendant in 2014, but that did not result in the series of subsequent wins on which the company was banking. [read post]
3 Jan 2022, 12:58 am by Peter Mahler
The frequency of such motion practice contrasts with the simplicity of the two-factor test devised by the courts for determining whether a claim is direct or derivative. [read post]
8 Aug 2023, 9:06 am by Second Circuit Civil Rights Blog
Burlington Northern applies the "dissuaded a reasonable worker" test, which is more favorable to plaintiffs than the disparate treatment adverse action test, which requires the plaintiff show that the adverse action affected the terms and conditions of employment. [read post]
15 Apr 2013, 5:19 am by briadm
Without a testing mechanism, the company would be unable to determine whether the hip replacement systems matched design specifications. [read post]
20 Apr 2008, 4:52 pm
This test balances interests--i.e. the interest of the plaintiff in the forum, the interest of the forum in the dispute, and so forth. [read post]
22 Feb 2023, 2:02 pm by Seyfarth Shaw LLP
  Thus, the Court held that to satisfy the salary basis requirement, the plaintiff’s pay had to meet the reasonable relationship test, which was not met. [read post]
17 Aug 2010, 12:30 pm by Andrew Frisch
This primary duty test includes three elements: (1) The employee must perform work requiring advanced knowledge; (2) The advanced knowledge must be in a field of science or learning; and (3) The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. 29 C.F.R. [read post]
31 Mar 2017, 1:44 pm by emagraken
Hirsch to perform an assessment that includes a medical history, physical examination, review of medical imaging, tests, medical records, reports, and/or employment and school records related to my condition. [read post]
17 Nov 2011, 6:24 am by Tom Crane
 A clever defense lawyer will test the employee in many different ways. [read post]
1 Nov 2007, 7:52 am
The Shigley Law Firm  represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. [read post]
26 Jun 2013, 11:43 am by Charles Wilbrand
Nassar that in order for a plaintiff to recover under a Title VII retaliation claim, the plaintiff must prove but-for the improper motive the employer would not have taken the employment action. [read post]
18 Feb 2007, 9:47 pm
This test balances interests--i.e. the interest of the plaintiff in the forum, the interest of the forum in the dispute, and so forth. [read post]
29 Oct 2021, 1:00 am
The lawsuit was filed in Philadelphia County.The court noted that, under the test set forth in the case of Purcell v. [read post]
13 Feb 2016, 6:27 am by Sean Wajert
 Very often, there is no contemporaneous measure or testing that will indicate the level of exposure. [read post]
22 Nov 2016, 10:51 am by Gregory Dell
” The Court noted that MetLife “expressly requested additional information pertaining to Plaintiff’s tremors, but no such information was available given Plaintiffs lack of treatment and testing therefor. [read post]
22 Nov 2016, 10:51 am by Gregory Dell
” The Court noted that MetLife “expressly requested additional information pertaining to Plaintiff’s tremors, but no such information was available given Plaintiffs lack of treatment and testing therefor. [read post]
17 Feb 2009, 2:40 am
Three special masters of the Court ruled against plaintiffs in three separate test cases, finding insufficient evidence of a casual link between autism and the MMR (measles, mumps, rubella) vaccine. [read post]