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6 Jun 2024, 2:00 pm
Where does the duty-based analysis fit into the 3-element test? [read post]
29 Aug 2010, 6:09 am
Plaintiffs also argue that Callaway violated the salary basis test when it deducted a full day’s pay for personal days missed during the workweek (Monday through Friday) but did not pay Plaintiffs for a “full day” for partial days worked on Saturday or Sunday. [read post]
16 Nov 2017, 6:34 am
Primary beneficiary test. [read post]
18 Dec 2018, 1:06 pm
The plaintiff, a medical marijuana cardholder under Montana state law, tested positive for THC (a cannabinoid) after an accident in a company-owned vehicle. [read post]
6 Nov 2013, 9:12 pm
(collectively, “Shasta”) appeal from a decision of the United States District Court for the Northern District of California granting a preliminary injunction in favor of Plaintiffs LifeScan Scotland, Ltd. and LifeScan, Inc. [read post]
19 Jan 2020, 6:42 pm
The plaintiffs then moved for default judgment. [read post]
4 Nov 2011, 5:15 pm
However, this time not as a claimant but as the test driver whose review of the Tesla Roadster on Top Gear has led to a malicious falsehood claim being brought by Tesla against the BBC. [read post]
24 Apr 2020, 10:14 am
The third test is the "any chance test. [read post]
27 Jan 2021, 1:44 pm
In what is the third coronavirus-related securities class action lawsuit filed so far in 2021, a plaintiff shareholder has filed a securities class action lawsuit against the U.K. [read post]
4 Apr 2022, 1:48 pm
The company holds no patents, has only a dozen or so test trucks, and may be more bark than bite. [read post]
30 Jun 2019, 4:02 am
The Plaintiff had been self-represented, first filing a claim within two years with the Small Claims Court. [read post]
24 Jan 2008, 9:03 am
Other circuits have offered a more relaxed test, holding that minimum contacts exist when a defendant's conduct is a "but for" cause of the plaintiff's injury. [read post]
9 Apr 2012, 1:24 pm
The Plaintiff's expert was Benjamin T. [read post]
24 Jan 2008, 3:58 am
Other circuits have offered a more relaxed test, holding that minimum contacts exist when a defendant's conduct is a "but for" cause of the plaintiff's injury. [read post]
FORT LAUDERDALE BUSINESS LITIGATION: SHAREHOLDER DERIVATIVE AND DIRECT LAWSUITS AGAINST CORPORATIONS
2 Feb 2024, 5:39 am
Florida courts apply a combination of tests in the form of the direct harm test, special injury test, and contract test. [read post]
9 Nov 2020, 11:09 am
The plaintiff filed a motion seeking conditional certification of a collective action. [read post]
15 Aug 2019, 7:22 am
” A couple of comments: First, this formulation comes from Twin Peaks, a case about expressive work-v-expressive work contests, which the Second Circuit doesn’t actually apply Rogers to; instead it tightens the usual LOC test to account for First Amendment concerns. [read post]
1 Mar 2015, 6:04 pm
Expert testimony derived from such examinations will "inform the court of the test subject's involuntary bodily reactions when asked specific questions, information which the court, as trier of the facts, could neither obtain nor interpret otherwise". [read post]
4 Sep 2015, 9:26 am
Recently, the California Supreme Court noted that under the right-of-control test, it is “not how much control a hirer [actually] exercises, but how much control the hirer retains the right to exercise. [read post]
15 Nov 2021, 6:23 am
The Court initially issued a brief stay on November 6, 2021 while OSHA and the plaintiffs who challenged its Mandate briefed the issues to the Court. [read post]