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25 Feb 2022, 1:30 am
The court, quite correctly, recorded that the test for negligence in medico-legal matters is “no more than a context specific application of the general test for negligence”, as set out earlier in this piece. [read post]
23 May 2021, 7:21 pm
This is different from the real and substantial connection test, where a court asserts jurisdiction simpliciter. [read post]
3 May 2018, 12:18 pm
The Texas Supreme Court ruled 6-3 last week in favor of an uninsured woman who had challenged her whopping bill of over $11,000 for a few hours of treatment and tests after her auto accident. [read post]
7 Nov 2018, 3:44 am
The test: Were you reasonable in bringing your colorable but not correct claim? [read post]
13 Feb 2014, 4:38 am
The issue remaining is whether certain assessments and deductions made by FedEx from the plaintiffs’ earnings are recoverable under the Wage Act. [read post]
27 Dec 2021, 5:17 am
How The “But For” Test Works For example, would the injury to the plaintiff have occurred “but for” the negligence of the defendant? [read post]
18 May 2010, 11:41 am
If the plaintiff can establish procedural unconscionability, the court should consider whether, under the circumstances alleged, the class action waiver is substantively unconscionable as a matter of law [the Discover Bank test]. [read post]
13 Sep 2020, 7:34 pm
In other words, the Court agrees what the appropriate test is for anti-SLAPP motions, but they disagreed about how it should apply in the context of Platnick. [read post]
3 Oct 2014, 12:26 pm
New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever contemplated. [read post]
20 Jul 2023, 6:37 am
” (For more, see this story and his own self-analysis using Jordan Peterson’s personality test ). [read post]
31 Jul 2012, 3:40 am
On plaintiffs' disparate treatment challenge, the district court correctly concluded that plaintiffs could not re-litigate questions of job relatedness and business necessity decided against them at the bench trial of their disparate impact claims and that plaintiffs had not established a genuine material of fact that the City intentionally discriminated against African Americans by using the 1998 test results; and 3. [read post]
30 Jul 2011, 7:06 am
That test was set forth in Mitchell v. [read post]
30 Jul 2011, 7:06 am
That test was set forth in Mitchell v. [read post]
29 Aug 2012, 8:33 am
Based on sensory lab test. [read post]
17 Dec 2021, 3:30 am
On Wednesday, the Fifth Circuit Court of Appeals — the same federal appellate court that stayed OSHA’s vaccine-or-test Emergency Temporary Standard — breathed new life into another federal vaccine mandate. [read post]
25 Sep 2016, 2:43 pm
Tuesday morning, the Department of Transportation is slated to release guidelines for the testing and deployment of automated vehicles. [read post]
3 Sep 2008, 12:00 pm
Last week, a story by Martha Neil in ABAJournal.com reported that the LPGA’s rule requiring English fluency is likely to be tested in court (“Court Battle Likely Over LPGA’s New English-Fluency Rule”). [read post]
25 Mar 2020, 3:39 am
National Association of African American-Owned Media, in which the court ruled on Monday that a plaintiff who sues for racial discrimination in contracting under federal law has to plead and prove that race was a but-for cause of his injury. [read post]
6 Jul 2011, 10:55 am
We have copied the abstract of the article below, and you can find the full test of the article here. [read post]
5 Dec 2018, 8:00 am
The Webster plaintiffs did not claim lost income. [read post]
