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12 Apr 2018, 7:42 pm
As an enforcement policy, the FAB states that WHD will use the duties test at 29 C.F.R. [read post]
12 Apr 2018, 3:17 pm
The plaintiffs are a group of discrimination researchers, computer scientists, and journalists who want to use automated access tools to investigate companies’ online practices and conduct audit testing. [read post]
12 Apr 2018, 1:05 pm
Please click on the below link for an interesting and timely article posted today on our sister blog, ADA Title III News & Insights: Seyfarth Synopsis: Plaintiffs who pursued web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair Employment and Housing Act. [read post]
12 Apr 2018, 12:37 pm
The joint employer tests are also ambiguous. [read post]
12 Apr 2018, 10:31 am
Plaintiff presented no evidence to counter this evidence. [read post]
12 Apr 2018, 10:31 am
Plaintiff presented no evidence to counter this evidence. [read post]
12 Apr 2018, 9:48 am
Their attorneys also accused Imerys Talc of destroying the talc samples which were going to be tested for asbestos. [read post]
12 Apr 2018, 7:01 am
There the sole test was whether the audience would conclude that the “defendant took from plaintiff’s works so much of what is pleasing” about those works “that defendant wrongfully appropriated something which belongs to the plaintiff. [read post]
11 Apr 2018, 8:00 am
Twentieth-century courts widely adopted Blatchford’s “sequence of events” test to determine if the narrative of one work infringed another. [read post]
11 Apr 2018, 2:58 am
In the ensuing medical malpractice case, plaintiff’s medical expert testified unequivocally that had Claudialee’s blood been tested on or before three days before she died, her type 2 diabetes would have been revealed and insulin would have saved her life. [read post]
10 Apr 2018, 9:06 am
” By substituting his own interpretations for the exact wording, the expert rendered his tests unreliable. [read post]
10 Apr 2018, 8:28 am
In those circumstances, the court stated, the plaintiff had “alleged sufficient facts to plausibly allege employee status under the [FLSA’s] economic realities test. [read post]
10 Apr 2018, 7:43 am
This is then tested based on an analysis of twelve factors known as the Johnson factors, which was first formulated in Johnson v. [read post]
9 Apr 2018, 4:43 pm
The ESA does not, however, remove the requirement that plaintiffs demonstrate irreparable injury. [read post]
9 Apr 2018, 2:13 pm
” initial Bulova descriptionfirst revisionsecond revision[I believe this test crosses the event horizon into inappropriate vagueness. [read post]
9 Apr 2018, 2:04 pm
” Plaintiffs submitted evidence that lab tests haven’t shown effectiveness.The court of appeals also reversed summary judgment on the UCL claim based on unlawfulness: PharmaCare’s alleged failure to comply with federal law. [read post]
9 Apr 2018, 7:38 am
Beck conducted an interview with the plaintiff, administered numerous psychological and personality tests, and completed a forensic exam. [read post]
8 Apr 2018, 5:24 pm
This is because, generally, other states require, in such a case, that the plaintiff demonstrate that a dangerous condition – such as a rotten plank in a scaffold platform which broke under the weight of the worker himself – of which the defendants had prior notice (whether actual or constructive) caused the accident if the plaintiff is to recover compensation. [read post]
8 Apr 2018, 11:14 am
In the first of its kind, and under the new law and before a jury, this case was going to test waters. [read post]
6 Apr 2018, 7:26 pm
If they are going to approve it, they need to see typically the results from two separate blood tests showing levels of less than 300. [read post]