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30 Jul 2014, 6:18 am
The trial court also allowed the plaintiff lawyer to question the plaintiff about an advertisement about which there was no evidence of reliance. [read post]
14 Aug 2018, 5:15 pm
The motion to dismiss in intended to test the sufficiency of the allegations in the plaintiff’s complaint. [read post]
16 Dec 2021, 7:36 am
Plaintiffs argued that the expansive and stringent ABC test found in the Commonwealth’s Independent Contractor statute, G.L. c. 149, § 148B, also determined whether a third-party can be liable for wage-related violations. [read post]
8 Sep 2011, 11:50 am
Chen’s opinion as to the cause of Plaintiff’s injuries and based the award of benefits and disability to Plaintiff on those findings.On appeal, Employer challenges the hearing officer’s use of a five point test to determine the most persuasive medical testimony. [read post]
29 Jun 2009, 5:08 pm
The Court focused on three issues to decide Pretus' claim: first, the severity of the event and the initial symptoms; second, the plaintiff's correlation of his ultimate injury with the event; and third, plaintiff's reasonable reliance on the opinions of medical experts. [read post]
29 Jun 2009, 5:08 pm
The Court focused on three issues to decide Pretus' claim: first, the severity of the event and the initial symptoms; second, the plaintiff's correlation of his ultimate injury with the event; and third, plaintiff's reasonable reliance on the opinions of medical experts. [read post]
28 Nov 2007, 5:02 am
Along with coming up with the idea, the defendant arranged the composition, directed the plaintiff to change camera angles, and enhanced the images; he even looked at an initial Polaroid test photo of each image and made suggestions before the plaintiff took the final version. [read post]
13 Sep 2017, 3:30 am
That is, if the plaintiff actually received substance abuse treatment after he tested positive the first time, that leave from work would have qualified for FMLA leave. [read post]
21 Aug 2013, 4:27 am
The extent of harm caused by the plaintiff is relevant, but the defendant need not show prejudice. [read post]
16 Jul 2014, 4:18 am
He went with his wife to the emergency room at a hospital in Queens where morphine was administered, tests led to a diagnosis of gallbladder disease and a plan was made to surgically remove his gallbladder (a cholecystectomy). [read post]
6 Mar 2012, 5:07 am
Linita Design which is a Divisional Court appeal of a judgment awarding the plaintiff damages "based on a reasonable notice period of 17 months" less mitigation income. [read post]
20 Feb 2024, 12:58 pm
A Section 2-615 motion to dismiss tests the legal sufficiency of a complaint by challenging whether the complaint states a claim upon which relief can be granted. [read post]
4 May 2016, 9:26 am
Viewing comment k as a route to “blanket immunity” loses sight of what the plaintiff has to prove. [read post]
23 Jul 2017, 8:00 am
The trial court agreed and dismissed the plaintiff’s handicap discrimination claim. [read post]
23 Jul 2017, 8:00 am
The trial court agreed and dismissed the plaintiff’s handicap discrimination claim. [read post]
21 Sep 2023, 10:34 am
” As Lisbeth Ceriani, a breast cancer survivor and a plaintiff in the Myriad case said, “It’s a basic human right to see your own blood, your own genes. [read post]
23 Mar 2016, 5:15 am
Mar. 21, 2016) Plaintiff DDI sued Dr. [read post]
12 Mar 2011, 4:44 am
On July 4th, 2007, in the city of Shreveport, Shakeya Johnson (plaintiff) was driving down Creswell avenue. [read post]
25 Feb 2022, 5:54 pm
The Supreme Court has stayed the OSHA’s vaccine-or-test mandate for large private employers, while litigation over its legality continues in the lower courts. [read post]
27 Jan 2020, 7:24 am
But in so doing, the court may have announced a new jurisdictional test with significant ramifications for future cases. [read post]
