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3 Apr 2023, 5:09 pm
Whiteaker learned about emotional support animals (“ESAs”) and sought counseling from a mental health provider who conducted testing and diagnosed him with Acute Stress Disorder. [read post]
17 Mar 2022, 6:36 am
The most important thing to bear in mind is that independence is not a once-and-for-all test, something to consider when you are appointed and then treat as settled. [read post]
10 Feb 2019, 6:03 am
Under the test, insurers maintained the right to deny invalid or questionable claims and would not be subject to liability for an erroneous denial of a claim. [read post]
14 Jun 2019, 7:53 am
This week we highlight petitions pending before the Supreme Court that address, among other things, the standard for a plaintiff to meet the plausibility requirements of Federal Rule of Civil Procedure 8 and Ashcroft v. [read post]
1 Mar 2021, 7:10 am
Plaintiff-Appellant Ferncliff Cemetery Association appealed from a judgment in favor of Defendant-Appellee Town of Greenburgh, New York. [read post]
17 Jan 2023, 3:30 am
Last May, I wrote about this religious discrimination case involving an employer’s duty to accommodate a plaintiff who needed Sundays off to observe his religion. [read post]
2 Sep 2009, 8:51 pm
The likelihood of confusion test requires examination of eight factors. [read post]
18 Mar 2019, 2:58 am
”)] The Snuggle is real: very long list of demands by Sarah Lawrence students occupying campus building includes consistent access to detergent and fabric softener [Sarah Lawrence Phoenix; Pamela Paresky, Psychology Today] Rather more seriously, the students demand the college reconsider the tenure status of a professor who published a mildly conservative op-ed in the NYT [Colleen Flaherty, Inside Higher Ed] Even if occasionally subverted by dishonest actors, standardized tests… [read post]
9 Jun 2011, 6:00 am
In testing for reasonableness, a court must consider whether the decision was: (1) illogical, (2) implausible, or (3) without support in inferences that may be drawn from the facts in the record. [read post]
2 Jul 2015, 12:23 pm
Choquette) the Plaintiff was involved in a 2010 collision that the Defendant accepted fault for. [read post]
20 Aug 2009, 4:47 pm
DC’s new test goes far in providing the necessary balance. [read post]
5 Feb 2010, 6:02 am
Plaintiff received his notice on April 14, 2006, was tested on April 27, 2006, and was notified that fortunately his test results were negative on May 11, 2006. [read post]
25 Jan 2021, 9:39 am
Aminolroaya to the position of plaintiffs’ co-lead counsel by the honorable Judge Brian R. [read post]
13 Oct 2021, 3:32 am
Facts The plaintiff owns an EUTM, registered in 2009, and a German registration, from 2003, for the word PEARL. [read post]
22 Mar 2016, 1:35 pm
ProFlowers failed that test here. [read post]
13 Oct 2021, 3:32 am
Facts The plaintiff owns a Union trademark, registered in 2009, and a German registration, from 2003, for the word PEARL. [read post]
12 Mar 2020, 8:07 am
” Neither of these principles, according to Abella, barred the plaintiffs’ claims. [read post]
18 Oct 2016, 8:35 am
Spy Phone still filed complaints against other monitoring apps to test whether the anti-spam policy was being applied uniformly, but alleged that none of these apps were removed. [read post]
18 Oct 2016, 5:51 am
Before applying the two-step Alice test, the district court took "judicial notice of the fact that Patent '046 was found invalid in Joao Control & Monitoring Systems, LLC v. [read post]
20 Feb 2009, 2:26 pm
In addition, it was not error to allow evidence that plaintiff's decedent failed to up with testing when requested to do so. [read post]
