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19 Nov 2018, 9:54 am
The defendant argues that Litton formed his opinions based on anecdotal evidence from the plaintiff, the engine was partially disassembled and did not have any water in it when Litton inspected it, and Litton failed to test or measure several of the Vehicle’s components. [read post]
19 Nov 2018, 12:11 am
The plaintiffs claimed negligence on the part of the owner and managers by, among other things: Failing to provide a fire sprinkler system Inadequately inspecting and testing fire alarm systems Not warning people that the apartments were unreasonably dangerous The plaintiffs demanded compensatory and punitive damages. [read post]
17 Nov 2018, 12:10 pm
Statistical Significance Is Not Necessary At All Elsewhere, Rothman and friends take their challenge to statistical significance testing beyond merely suggesting that such testing is only one test or criterion among others. [read post]
17 Nov 2018, 4:34 am
Robert Litt explored the test of character at the Justice Department that the departure of former attorney general Jeff Sessions and the rise of Matthew Whitaker has caused. [read post]
16 Nov 2018, 6:35 pm
Suffer or Permit to Work Test Plaintiffs also argued that the drive time was compensable as “hours worked” under the “suffered or permitted to work” definition. [read post]
16 Nov 2018, 10:17 am
The students were required to take a written test. [read post]
16 Nov 2018, 8:32 am
The Court concluded that the medical reviewers “cherry picked” the file, failing to “credit any of the evidence in the file supporting Plaintiff’s claim, and instead cited Plaintiff’s ‘normal’ test results as evidence of her ability to work. [read post]
15 Nov 2018, 11:36 am
Court Strikes Down Most of Fontana’s Marijuana Rules Plaintiff in this case was a man who had been a medical marijuana patient for years, and all he wanted was to grow marijuana for his own use inside his home. [read post]
15 Nov 2018, 10:46 am
We discussed the Second Circuit’s use of a slightly different test here. [read post]
14 Nov 2018, 2:02 am
At the time of its IPO, Xbiotech was involved in clinical trials testing certain pharmaceutical products. [read post]
13 Nov 2018, 12:27 pm
As the works at stake contain both protectable and non-protectable elements, Defendant argue that the court must not use the “ordinary observer test,”used by the Second Circuit courts to assess copyright infringement, which asks “whether the ordinary observer, unless he set out to detect the disparities, would be disposed to overlook them, and regard their aesthetic appeal the same,” but the “discerning ordinary observer test. [read post]
13 Nov 2018, 8:24 am
This standard is more strict than the test for state-law malicious prosecution claims.The case is Lanning v. [read post]
13 Nov 2018, 2:00 am
Some employers that require drug testing have been firing employees without investigating their prescription drug use. [read post]
13 Nov 2018, 2:00 am
Some employers that require drug testing have been firing employees without investigating their prescription drug use. [read post]
13 Nov 2018, 2:00 am
Some employers that require drug testing have been firing employees without investigating their prescription drug use. [read post]
12 Nov 2018, 1:09 pm
The court also credited the plaintiff’s interest in videotaping to preserve the testimony, noting that the deponent might stay in Europe rather than appear for the November 2018 trial in Mobile, Alabama. [read post]
12 Nov 2018, 7:40 am
The court found that this conduct was relevant both for the Octane Fitness totality of the circumstances test and for the deterrence factor. [read post]
11 Nov 2018, 4:03 pm
That would count in her favor if Savoy were ever to file for bankruptcy and seek discharge of otherwise non-dischargeable educational debt under the Brunner test, but this evidence of good-faith effort to meet loan payment obligations carried no weight with Justice Brown and his colleagues. [read post]
11 Nov 2018, 9:50 am
BORDEN milk, and confusion with respect to mere sponsorship or approval—where defendant's use of plaintiff's mark implies some form of endorsement by plaintiff, if not necessarily that plaintiff is the source. [read post]
11 Nov 2018, 7:18 am
Despite being examined and tested by numerous world-renowned doctors, none of them could help. [read post]
