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7 May 2018, 11:26 am
Luckily, the American justice system requires more from its prosecutors and plaintiffs. [read post]
7 May 2018, 8:16 am
No, said the New Jersey Supreme Court today in Petro-Lubricant Testing Laboratories, Inc. v. [read post]
7 May 2018, 6:34 am
The Court notes that "significantly diminished responsibilities" post-complaint may constitute "the sort of employment action ‘sufficiently disadvantageous to constitute an adverse employment action’ in a Title VII case.'” Plaintiff pleads a plausible retaliation claim under this test. [read post]
6 May 2018, 8:35 pm
The state high court adopted the multi-factor “ABC” test used in a number of jurisdictions—a simpler, more structured test for distinguishing between employees and independent contractors. [read post]
4 May 2018, 11:58 pm
To illustrate the first part of the ABC test, the Part A control test, the Court provided the following examples: In Western Ports v. [read post]
4 May 2018, 3:24 pm
Plaintiffs also argued there was a discriminatory impact, but the Court noted that Plaintiffs failed to allege this theory in their First Amended Complaint. [read post]
4 May 2018, 9:11 am
At the same time, the Court finds that by filing a motion to dismiss with no suggestion that any condition will be remediated the defendants more or less confirmed the likely continued existence of the ADA violations, which is an element of the 2nd Circuit’s test for ADA standing. [read post]
4 May 2018, 7:06 am
However, federal courts often still use this test (though state law may still be applied). [read post]
4 May 2018, 6:49 am
The Judge noted, “Courts have held that a plan cannot demand objective tests to establish a condition for which no objective tests exist. [read post]
4 May 2018, 6:49 am
The Judge noted, “Courts have held that a plan cannot demand objective tests to establish a condition for which no objective tests exist. [read post]
3 May 2018, 12:18 pm
The Texas Supreme Court ruled 6-3 last week in favor of an uninsured woman who had challenged her whopping bill of over $11,000 for a few hours of treatment and tests after her auto accident. [read post]
3 May 2018, 6:23 am
Therefore, the Lindsey test was not satisfied. [read post]
2 May 2018, 12:15 pm
Physicians are expected to provide competent care in both prenatal testing and during pregnancy. [read post]
2 May 2018, 8:48 am
Throughout the McDonnell-Douglas test, the plaintiff bears the ultimate burden to establish that the employer engaged in intentional discrimination. [read post]
2 May 2018, 6:57 am
It upheld the trial court’s class certification order for all of plaintiffs’ claims based on alleged violations of the wage order. [read post]
1 May 2018, 2:40 pm
But at least under New York law, there appears to be some growing consistency under the “sufficient factual nexus” test. [read post]
1 May 2018, 2:19 pm
Plaintiffs argued that Borello was not the only applicable standard and that the Court could rely on the definitions of “employ” previously determined by the Court in Martinez. [read post]
1 May 2018, 2:19 pm
Plaintiffs argued that Borello was not the only applicable standard and that the Court could rely on the definitions of “employ” previously determined by the Court in Martinez. [read post]
1 May 2018, 1:02 pm
In January 2005, Plaintiff Charles Lee entered into a written independent contractor agreement with Dynamex to provide delivery services for the company. [read post]
1 May 2018, 10:24 am
By contrast, comparison ads are not violations of the Lanham Act because it is clear to consumers that the plaintiff’s mark is only being used as a point of contrast. [read post]
