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16 Aug 2011, 10:25 pm
In Chambers, the plaintiffs alleged that the defendant–physician negligently failed to diagnose a patient’s breast cancer after initial testing indicated that her lump was benign. 883 S.W.2d at 157. [read post]
26 May 2017, 10:12 am
It first frames Plaintiffs’ injuries as “stress. [read post]
11 Mar 2019, 10:00 pm
The three-judge District Court dismissed the gerrymandering claim, and the plaintiffs appealed. [read post]
3 Aug 2021, 10:49 am
Large employers – particularly those in California and New York – are moving to have their employees get vaccinated or tested regularly for COVID-19. [read post]
20 Dec 2011, 11:49 am
Similarly, courts have universally extended Morrison’s transactional test to reject also claims where U.S. individuals purchase securities of a foreign issuer on a foreign exchange. [read post]
25 Sep 2014, 8:00 am
Beck ordered a series of tests. [read post]
16 Aug 2021, 7:09 am
A study by the pharmaceutical testing lab Valisure has revealed high concentrations of benzene in many sunscreen products. [read post]
5 May 2009, 2:59 pm
Do some role playing in order to give your client confidence that he or she will be able to get through the deposition; What your client should do when you object ("give me a chance to object before you answer, and listen closely if I make an objection"); Areas that you think will be a problem for the client; Areas that are important for the case that you think will be asked (for a plaintiff, "What are your physical complaints? [read post]
26 Jan 2013, 8:39 pm
However, MRI and CT scan tests and reports also must also be paired with the doctor's observations during his physical examination of the complainant. [read post]
24 Mar 2015, 7:12 am
” The Sixth Circuit also concluded that the test to determine whether a cause of action is based in some way on misappropriation of trade secrets “is to determine whether the claims are no more than a restatement of the same operative facts that formed the basis of the plaintiff’s statutory claim for trade secret misappropriation. [read post]
11 Feb 2010, 4:06 am
Finally, the court held that plaintiff satisfied the adequacy of representation test of Rule 23(a)(4). [read post]
24 Feb 2023, 3:35 pm
Remember, the salary basis test is only one aspect of the federal and California exemption test. [read post]
28 Jun 2015, 9:32 pm
A New York Divorce Lawyer said that before examining the facts underlying this application and before weighing the merits of the petition, it should be noted that although the petitioner has another procedural remedy available in that she could test the validity of the deeds given by the County Treasurer in an action in equity to determine adverse interests in the subject property, none of the respondents have challenged the appropriateness of reviewing the acts herein complained of by… [read post]
13 Feb 2007, 10:41 pm
Key to the present matter is that the plaintiff's pleadings are not dispositive under the legal certainty test. [read post]
4 Oct 2015, 7:34 am
" A claim meets the plausibility test "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. [read post]
15 Apr 2009, 5:07 am
And the typicality test was met because plaintiffs had standing to assert claims on behalf of the class; “defendant’s officers and its expert witness conceded that all royalty owners, regardless of well location, are treated identically by defendant for purposes of royalty payments. [read post]
9 Oct 2024, 12:26 pm
The McDonnell Douglas test requires the plaintiff to first establish a prima facie case of discrimination, which has four elements: (1) the plaintiff is a member of a protected class, (2) the plaintiff was qualified for their position, (3) the plaintiff was subjected to an adverse employment action, and (4) the employer treated members outside of the protected class more favorably. [read post]
3 Feb 2010, 5:22 am
Ulerio would require 40 years worth of physical therapy (30-50 times a year), pain management, household help (20 hours a week) and medical testing and care (including additional spine surgeries). [read post]
9 Oct 2015, 4:40 pm
Court of Appeals for the Ninth Circuit Docket: 14-35651 Opinion Date: September 25, 2015Areas of Law: Civil Rights, Constitutional LawAfter plaintiff served his full ten-year sentence, the State of Washington vacated his residential burglary and rape conviction based largely on newly-available DNA testing. [read post]
9 Mar 2009, 4:20 am
And there was the post-return drama of explaining to my new OVI client that it probably wasn’t a good idea to ask the nice police officer to hold his beer while he took the heel-to-toe test. [read post]
