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24 Jun 2020, 6:41 am by George Bellas
The plaintiff is a former county jail employee who called a hotline set up by the Department of Corrections after a co-worker who tested positive for COVID-19 was allowed to resume work due to being asymptomatic. [read post]
16 Dec 2016, 11:39 am by Om V. Alladi
Specifically, plaintiffs asserted that Home Depot failed to have a firewall, a properly maintained malware and antivirus software, and a policy to regularly test the network and delete cardholder data. [read post]
31 Mar 2020, 6:14 pm by Eugene Volokh
Barr: Plaintiffs are academic researchers who intend to test whether employment websites discriminate based on race and gender. [read post]
7 Sep 2011, 6:34 am
On appeal, the plaintiff claims that the court 'erred in holding that the individual paragraphs of the third complaint should be deleted because no one of them, alone, was "extreme and outrageous" and in refusing to consider whether they met that test when read as an entire pattern of conduct.'") Published: 9/7/2011 9:23 AM [read post]
8 Mar 2011, 10:23 am by Marty Schwimmer
The array also showed net zero (38% for the control minus 37.5% for the test). [read post]
2 Oct 2018, 8:39 am by Eric Goldman
It is up to a future plaintiff to seize the opportunity to test this strategy; it is not inconceivable that we will see all four of these prerequisites fulfilled in a case before a U.S. court. [read post]
30 Mar 2020, 5:13 am by DeFrancisco & Falgiatano
Further, the court found that plaintiff’s expert’s opinion that the plaintiff’s child would not have died in utero if the plaintiff performed certain tests was conclusory. [read post]
4 Aug 2010, 6:38 pm by Orin Kerr
But whatever the best answer for when concerns about the pace of social change are rational for the purposes of the rational basis test, I don’t think Judge Walker’s opinion offered a persuasive response here. [read post]
2 Dec 2019, 3:54 pm by Renaud Garon Gendron (CA)
Applying the tripartite injunction test, the Court noted that there was no dispute on the first prong of the test (i.e., there was clearly a serious issue). [read post]
31 Mar 2009, 3:16 am
   The plaintiffs conceded that they could not establish demand futility with respect to the “new board” but argued that demand futility should be tested against the old one in place at the time they filed their first amended complaint, which initially asserted the derivative claims. [read post]
2 Dec 2019, 3:54 pm by Renaud Garon Gendron
Applying the tripartite injunction test, the Court noted that there was no dispute on the first prong of the test (i.e., there was clearly a serious issue). [read post]
2 Dec 2019, 3:54 pm by Renaud Garon Gendron
Applying the tripartite injunction test, the Court noted that there was no dispute on the first prong of the test (i.e., there was clearly a serious issue). [read post]
2 Dec 2019, 3:54 pm by Renaud Garon Gendron (CA)
Applying the tripartite injunction test, the Court noted that there was no dispute on the first prong of the test (i.e., there was clearly a serious issue). [read post]
16 Jan 2024, 8:02 am by Dennis Crouch
On remand, there will likely to be a  trial where this assumption will be put to the test. [read post]
15 Mar 2012, 6:31 am by Kevin Hoskins
 For each rule, the defendant must satisfy three “tests” to qualify: (1) a duties test; (2) a salary-level test; and (3) a salary-based test. [read post]
3 Mar 2009, 3:59 am
The EPPA expressly prohibits the waiver of a plaintiff's procedural right to bring suit in federal court for an alleged violation.Mitchell H. [read post]
4 Jul 2016, 4:25 am by Berniard Law Firm
Express filed a motion for summary judgment contradicting Michael’s seaman status stating that Michael was a platform-based employee who failed to satisfy the test for seaman status. [read post]
19 May 2010, 4:47 am by Sean Wajert
 Plaintiffs also alleged that Zurn failed to adequately test the brass crimp fittings in their anticipated environments before marketing its product. [read post]
29 Aug 2016, 2:21 pm by Eugene Volokh
The Fourth Circuit found that different standards for men and women arose from the FBI’s efforts to “normalize testing standards between men and women in order to account for their innate physiological differences,” such that an approximately equal number of men and women would pass the tests. [read post]
17 Sep 2013, 1:31 pm by Rebecca Tushnet
”  But even under that more restrictive test, defendants’ speech still related to the public interest. [read post]