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21 Jun 2018, 7:35 am
This requirement is extremely important because, if it is not followed, a court may dismiss a plaintiff’s otherwise meritorious case. [read post]
21 Jun 2018, 6:00 am
MVA and the other plaintiffs argued that the ban was unconstitutional both on its face and as applied to their particular items of apparel. [read post]
20 Jun 2018, 5:00 pm
I apologize for slacking off last week, but I was in central Europe taking in the dulcet tones of the language of love while testing the effects of an all-meat diet on the body of a sedentary middle-aged lawyer. [read post]
20 Jun 2018, 1:17 pm
DLI explained that the proposed changes to the duties tests were designed to more closely align them with the duties tests for the FLSA’s exemptions. [read post]
20 Jun 2018, 1:11 pm
Recent comments by CFPB Acting Director Mick Mulvaney that the CFPB plans to reexamine ECOA requirements in light of Inclusive Communities suggest that the CFPB might review references to the effects test in Regulation B (which implements the ECOA) and the Regulation B Commentary. [read post]
20 Jun 2018, 11:30 am
Second, if courts look at both the merchants and the cardholders as the market, do the plaintiffs have to show that both sides are harmed by the provision? [read post]
20 Jun 2018, 6:57 am
It’s not at all uncommon for plaintiffs to mistakenly believe that they can only sue negligent doctors. [read post]
19 Jun 2018, 3:57 pm
Standard of Review and Applicable LawThe test for legal sufficiency is "whether the evidence at trial would enable reasonable and fair-minded people to reach the verdict under review. [read post]
19 Jun 2018, 3:42 pm
But because the court dismissed the case for lack of standing, we still do not know whether Kennedy will accept that test and thus pave the way for partisan-gerrymandering cases to swamp the federal courts. [read post]
19 Jun 2018, 11:37 am
To win a malpractice case, the plaintiff must prove the following elements: The health care provider owed the plaintiff a duty to adhere to the appropriate standard of care; The health care provider breached this duty; and The plaintiff suffered harm as a direct result of the health care provider’s breach. [read post]
19 Jun 2018, 10:43 am
But Gill is a much more helpful opinion than Hollingsworth: Not only does it explain why the threshold test for standing, which requires that a plaintiff suffer a concrete and particularized injury, is not met by the plaintiffs in the case, it also lays out what evidence would be sufficient for an individual plaintiff to have standing to challenge partisan gerrymandering under a vote-dilution theory of injury. [read post]
19 Jun 2018, 7:38 am
Healthy test, with no threshold probable cause bar, must apply in Lozman’s case. [read post]
19 Jun 2018, 7:09 am
The plaintiff hired a Professional Engineering Expert Witness to provide testimony. [read post]
19 Jun 2018, 2:51 am
Can plaintiff’s lawyers keep plugging away till they get wins? [read post]
18 Jun 2018, 3:10 pm
The court held that the phrase ‘arising out of’ is unambiguously satisfied by the ‘but for’ causation test. [read post]
18 Jun 2018, 9:57 am
We need not doubt the plaintiffs’ math. [read post]
18 Jun 2018, 2:25 am
-amerikanischen Recht Martin Konstantin Thelen* ZVglRWiss 117 (2018) 156-188 In the United States, statutory damages allow plaintiffs to sue even if they cannot demonstrate the precise economic harm they have suffered from the defendant’s violation of a statute. [read post]
18 Jun 2018, 12:32 am
In order for a Plaintiff to prevail in a personal injury case, medical evidence must contain a statement by a physician concerning causation. [read post]
18 Jun 2018, 12:32 am
In order for a Plaintiff to prevail in a personal injury case, medical evidence must contain a statement by a physician concerning causation. [read post]
18 Jun 2018, 12:23 am
Defendant did not follow up with a blood test as recommended by his doctor three months prior to the accident. [read post]
