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22 Apr 2014, 7:41 am
After the stay expired in 2010, Plaintiffs moved for a preliminary injunction, which the district court denied. [read post]
20 Sep 2021, 10:05 am
Here, the plaintiff didn’t sufficiently allege what in the recall notice was false or misleading. [read post]
30 Jun 2016, 6:49 pm
An employer must conduct drug and alcohol tests after an accident if the accident results in:Bodily injury requiring medical treatmentDeathDisabling vehicle damageA citationThe employer must conduct the alcohol test within two hours and the drug test within 32 hours.Pictures and VideoMake sure you take pictures of anything that could be potentially important to the case. [read post]
10 Nov 2014, 6:09 am
“[T]he appropriate inquiry is not what relief was ultimately granted, but whether the government is suing for the same relief already pursued by the plaintiff. [read post]
12 Jun 2018, 12:13 pm
The NAD expressed concern with three aspects of the third-party testing that DKB Household submitted in support of its advertising claims: (1) the testing was conducted on simulated rather than actual salad leaves, (2) the testing used a small sample size and resulted in a wide variation of results and (3) the testing only compared the product with those of two other competitors. [read post]
10 May 2013, 12:21 pm
” In light of that articulation of the test, the Sixth Circuit had little trouble in finding that the harm suffered was specific to the individual plaintiffs. [read post]
19 Nov 2010, 11:59 am
CSSA failed to satisfy the first two steps of this test. [read post]
24 Oct 2018, 1:12 pm
Plaintiffs had to overcome the substantial hurdles of testing methodologies, statistical probabilities, and margins of error. [read post]
23 Jan 2020, 4:06 am
Rather, it relegates claims for negative misrepresentation and professional malpractice to those in privity with, or those that meet the Ossining/Credit Alliance test to raise those claims against the architectural firms, which, in an instance such as this, could have been raised as direct or third-party claims at the appropriate time by an entity other than plaintiff, which lacks standing to pursue its negligent misrepresentation and professional malpractice claims under… [read post]
28 May 2010, 2:45 pm
And that all of the doctors that treated her were basing their evaluations and tests off of the subjective complaints of the Plaintiff car accident driver. [read post]
17 Aug 2012, 11:58 am
Patient / Health Insurance Plaintiffs: Another set of plaintiffs in this case are patients who would like to run the DNA test using an alternative laboratory – either because they want a second opinion or because they want a cheaper test. [read post]
11 Nov 2019, 6:57 am
The court applied the standard three-part test for Section 230(c)(1): ICS Provider. [read post]
5 Nov 2009, 2:00 am
To succeed on his liberty interest claim, Plaintiff was required to satisfy the "stigma plus" test. [read post]
7 Aug 2018, 1:46 pm
She underwent initial diagnostic testing at the direction of her physician, but he failed to order any follow-up testing. [read post]
13 Jan 2012, 8:58 am
Darden, 503 U.S. 318 (1992) (applying common law test; agents were independent contractors under ERISA); Barnhart v. [read post]
12 Jun 2021, 11:21 am
The court explained that many courts used the substantial factor test, which allows a finding of negligence in circumstances where the defendant’s actions had a significant part causing the plaintiff’s injury, instead of the but-for test. [read post]
18 May 2015, 2:57 pm
Latsis, 515 U.S. 347 (1995) set forth a two-prong test for seaman status: (1) the plaintiff’s duties must “contribut[e] to the function of the vessel or to the accomplishment of its mission;” and (2) the plaintiff must have a substantial connection to a vessel in terms of both duration and nature. [read post]
26 Oct 2011, 3:22 pm
Fourthly, weighing and testing the evidence to determine whether there is a reasonable possibility that the action will be resolved at trial in favour of the plaintiff is different from the test involved in certification of class actions or the test for summary judgment. [read post]
12 Nov 2014, 8:17 am
Burwell, “The grant in King – Obamacare subsidies as textualism’s big test. [read post]
30 Oct 2015, 1:54 pm
So in that case, there were 85 plaintiff lawyers who, between them, managed to get $227 million in fees and costs from Toyota. [read post]
