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13 Jan 2018, 11:13 am
§ 541.601, an employee qualifies as an exempt “[h]ighly compensated employee[]” if three tests are met: “(1) a duties test; (2) a salary-level test; and (3) a salary-basis test. [read post]
18 Jan 2023, 6:45 am
The Third Circuit rejected the residency test in favor of a holistic, six-factor test, with particular emphasis on where the plaintiff suffers the effect of the injurious activity. [read post]
5 May 2022, 6:26 am
” By failing to provide evidence of the lot’s uniqueness, the Plaintiff again had another strike in the equitable component of the test. [read post]
30 Jul 2012, 4:30 am
After some diagnostic testing, the plaintiff was found to have an “esophageal tear or perforation. [read post]
19 Feb 2014, 7:51 am
That's not a particularly robust test — unlike the more protective Dendrite test favored in some jurisdictions, it only requires the plaintiff to offer some evidence which, if accepted, would satisfy the elements of defamation. [read post]
29 Mar 2018, 6:02 am
The court found that the board failed the entire fairness test, and the individual defendants breached their fiduciary duty of loyalty. [read post]
21 Jun 2009, 6:11 am
He tested positive for Bumetanide and was suspended. [read post]
7 Dec 2010, 3:18 pm
The plaintiff claimed attorney/client privilege. [read post]
21 Feb 2009, 11:41 am
In addition, a test of basic scientific principles by a local expert may not be acceptable to the court on account that the test is not recognized by the scientific community and has not been deemed a reliable test in a peer reviewed journal. [read post]
30 Jan 2017, 4:51 am
The elements of Texas’s unfair competition by misappropriation claim are: (1) the creation by a plaintiff of a product through extensive time, labor, skill, and money; (2) the use of that product by defendant in competition with plaintiff; and (3) commercial damage to the plaintiff. [read post]
30 Jan 2017, 4:51 am
The elements of Texas’s unfair competition by misappropriation claim are: (1) the creation by a plaintiff of a product through extensive time, labor, skill, and money; (2) the use of that product by defendant in competition with plaintiff; and (3) commercial damage to the plaintiff. [read post]
30 Jan 2017, 4:51 am
The elements of Texas’s unfair competition by misappropriation claim are: (1) the creation by a plaintiff of a product through extensive time, labor, skill, and money; (2) the use of that product by defendant in competition with plaintiff; and (3) commercial damage to the plaintiff. [read post]
20 Jan 2009, 3:29 am
The Court further noted as significant that the plaintiffs did not even seek to argue that the defendants’ alleged conduct satisfied the “effects test” for extraterritorial application, apparently conceding that the alleged conduct had had no effect on the United States or its citizens. [read post]
28 Oct 2014, 7:26 am
Merrell Dow Pharmaceuticals in 1993, creating a new “reliability” test for the admissibility of expert testimony in federal court, interested parties vigorously debated whether Daubert was a lax rule that would favor the admissibility of expert testimony, or a strict rule that would lead to the exclusion of a great deal of previously admissible expert evidence. [read post]
17 Oct 2017, 8:33 am
Risk-Utility Versus Consumer-Expectation If given the choice, most Florida product liability plaintiffs would opt for the consumer-expectation test because it does not place a burden on the plaintiff. [read post]
24 Mar 2012, 5:00 am
Their mistake in ordering the test caused the stroke. [read post]
29 Jun 2018, 11:46 am
The test has evolved over the years, which shows us that janitors and the test will stay. [read post]
1 Oct 2011, 9:14 pm
Ask your doctor about the options for colon cancer testing and how often you should be tested. [read post]
28 Feb 2012, 8:16 pm
With this test being called the most speech-protective standard that has been articulated and neither party advocating a different test, we adopt the modified version of the Dendrite test under the Indiana Constitution as well. [read post]
13 Nov 2009, 6:15 am
The headquarters test is simpler than the rule established by the San Francisco-based 9th U.S. [read post]
