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21 Aug 2018, 5:56 am
" Another motion, filed the same day, stated that "Plaintiff and its customer avers, based on Plaintiff's customer's due diligence, as explained more fully in the Verified Petition, that the information Defendant seeks to disseminate is false. [read post]
1 Nov 2012, 2:37 pm
So how might plaintiffs attempt to establish liability? [read post]
2 Feb 2011, 4:28 pm
The prison had policies mandating, inter alia, TB testing upon an inmate's initial intake screening and an investigation about with whom an inmate with active TB had been in contact. [read post]
10 Dec 2006, 5:10 pm
Here, the Plaintiffs would be irreparably harmed if an injunction is not issued, as the enforcement of the law would serve to "destroy" and "dismantle" the Plaintiffs' businesses. [read post]
2 Apr 2020, 5:16 am
Perhaps even more important, the statistical tools that Zambelli-Weiner used, including any measurements of p-values and confidence intervals, and any declarations of “statistical significance,” were rendered meaningless by her secret, undisclosed, multiple testing. [read post]
24 Nov 2010, 1:18 pm
This case arose out of tort claims asserting excessive use of force by a police officer in handcuffing plaintiff following plaintiff’s arrest for interfering with the field sobriety tests the police were conducting with another individual. [read post]
31 May 2013, 6:18 pm
"Our company requires a post-offer, pre-employment medical examination that includes DNA testing." [read post]
10 May 2017, 7:31 am
During the discovery process, the plaintiffs requested the results from any tests that the company had performed on the tire. [read post]
30 Jun 2021, 2:16 am
He then filed a medical malpractice claim against the defendant, alleging his failure to perform follow-up testing constituted negligence and caused the plaintiff’s harm. [read post]
9 Nov 2009, 1:22 am
The court held that the plaintiffs failed to plead sufficient jurisdictional facts to satisfy the "conduct" test such that the court lacked subject matter jurisdiction over the foreign plaintiffs who purchased Credit Suisse Group's ("CSG") shares on a non-US stock exchanges ("F-Cubed"). [read post]
20 Jun 2013, 6:44 am
” Subsequently, a split of authority developed: a “transaction-based” test or a test premised on where the victim is deceived, regardless of where the transaction occurs. [read post]
28 Oct 2013, 10:40 am
A notable suit occurred in 2001 , where the plaintiffs sued their landlords for extensive water damage and exposure to the resulting mold. [read post]
6 Feb 2017, 10:39 am
As a result, the court held that the plaintiffs lacked standing to bring the motion. [read post]
11 May 2018, 5:11 am
Hugo Zacchini, the circus-performer plaintiff, objected when his human cannonball act was broadcast on the nightly news. [read post]
27 Jul 2017, 5:05 pm
Evid. 403 balancing test,” that is, if the probative value of the expert’s testimony would be “substantially outweighed by a danger of … unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. [read post]
8 Sep 2009, 6:21 pm
Dallas Court of Appeals has no trouble applying the "totality of the circumstances" test in concluding that arbitration was not waived where the motion to compel was filed almost instantly, along with other steps taken to avoid litigation, such as a plea in abatement, and an answer conditioned on resolution of the arbitration issue.Per Group, LP v. [read post]
3 Oct 2011, 6:35 am
Our Fontana foreclosure defense lawyers were interested to see a case out of Indiana that tested not the validity of a foreclosure, but how it should be tried. [read post]
9 Jul 2008, 5:21 pm
The court reasoned that, although the trial court erred when it refused to allow plaintiff's attorney to cross examine defendant's expert with regards to authoritative article and overruled objection to admission of testimony that defendant, the surgeon's father is a member of the clergy, it was harmless error in plaintiff's trial for medical malpractice alleging that she received prophylactic double mastectomy without genetic testing to confirm… [read post]
12 Mar 2009, 12:25 am
As to plaintiffs' free exercise claim, the court asked plaintiffs for additional briefing on whether the Pickering test that controls public employee speech also applies to public employees' free exercise claims as contended by defendants. [read post]
7 Nov 2011, 8:33 pm
D.P.Docket: 11-539Issue(s): (1) Under the Individuals with Disabilities Education Act (IDEA), what is the test for determining whether a plaintiff is “seeking relief that is also available under [IDEA],” thereby triggering the Act’s requirement that the plaintiff exhaust administrative remedies before filing suit? [read post]
