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26 Sep 2012, 10:13 am
The Facts: Petitioner was diagnosed with stomach cancer by hospital-one after undergoing an endoscopy and after staff at hospital-two and hospital-three who saw petitioner on many occasions through 2009 failed to make that diagnosis or perform any diagnostic testing. [read post]
31 Jan 2011, 12:53 pm
The plaintiffs win on the individual mandate. [read post]
12 May 2012, 7:36 pm
I-Flow Corporation, the plaintiff had shoulder surgery, which required the use of a “pain pump” to inject anesthetic medication into the shoulder post-operatively. [read post]
7 Sep 2012, 3:12 pm
The Facts: Petitioner was diagnosed with stomach cancer by hospital-one after undergoing an endoscopy and after staff at hospital-two and hospital-three who saw petitioner on many occasions through 2009 failed to make that diagnosis or perform any diagnostic testing. [read post]
9 Jul 2013, 12:25 pm
From the language of the Final Judgment: Plaintiff, Wachovia Mortgage Corporation, is not entitled to the requested relief since the parties had an enforceable agreement to modify the subject loan, which Plaintiff breached by failing to permanently modify said loan in spite of Defendant fully complying with the terms of the trial modification, even making payments for several months beyond the trial period…. [read post]
10 May 2012, 8:52 am
LEXIS 540 (April 5, 2012), the First District (Division Three) upheld a trial court order which declined to enforce arbitration of class-wide wage claims based on a finding of unconscionability under the Armendariz test. [read post]
26 Sep 2012, 10:13 am
The Facts: Petitioner was diagnosed with stomach cancer by hospital-one after undergoing an endoscopy and after staff at hospital-two and hospital-three who saw petitioner on many occasions through 2009 failed to make that diagnosis or perform any diagnostic testing. [read post]
26 Sep 2012, 10:13 am
The Facts: Petitioner was diagnosed with stomach cancer by hospital-one after undergoing an endoscopy and after staff at hospital-two and hospital-three who saw petitioner on many occasions through 2009 failed to make that diagnosis or perform any diagnostic testing. [read post]
26 Sep 2012, 10:13 am
The Facts: Petitioner was diagnosed with stomach cancer by hospital-one after undergoing an endoscopy and after staff at hospital-two and hospital-three who saw petitioner on many occasions through 2009 failed to make that diagnosis or perform any diagnostic testing. [read post]
8 Jan 2019, 11:48 am
The California Supreme Court embraced the ABC test for independent contractors in Dynamex, and rejected the de minimis doctrine for Labor Code claims in Troester. [read post]
1 Dec 2022, 8:37 am
Defendant then blocked Plaintiff’s Twitter account from the @laurenboebert account…Defendant did not block Plaintiff from the @RepBoebert House account, and Plaintiff can fully view the @RepBoebert feed and participate in discussions originating from that account’s tweets. [read post]
6 Dec 2011, 8:16 am
The intent test “asks the wrong question”; it’s “unnecessarily divisive”; and it poses an “inordinately difficult burden for plaintiffs in most cases. [read post]
23 Sep 2011, 6:35 pm
The trial court dismissed the case on summary judgment, after excluding plaintiff’s expert witnesses’ causation opinions. [read post]
27 Mar 2017, 6:46 am
The plaintiff did not ask it to impose any new obligations on employers, said the court, nor did it “do so by allowing this case to proceed. [read post]
4 Mar 2013, 3:38 am
These tests involve identifying specific "tender points" on the patient. [read post]
14 Nov 2014, 5:44 pm
The plaintiffs’ attorneys contended that the defendant’s officials disregarded internal calls for additional testing of the device and sent the Pinnacle products into the market too soon. [read post]
21 Aug 2024, 4:05 am
Accordingly, while the Court concludes that Geraghty’s compelled speech was not pursuant to her ordinary job duties, it denies the parties’ Motions for Summary Judgment as to the Pickering balancing test....Focusing on plaintiff's free exercise claim, the court said in part:[W]hile the District’s practice might look neutral and generally applicable, it was ill defined and provided the District a discretionary “mechanism for individualized… [read post]
24 Apr 2018, 5:00 am
The court first clarified that Rales, not Aronson, was the correct test for demand futility, because the plaintiff is challenging board inaction, not a board decision. [read post]
23 Nov 2015, 12:49 pm
Examples include drug testing of students, roadblocks to detect drunk drivers, border checkpoints, and security screening at airports. [read post]
30 Aug 2022, 4:15 am
The plaintiffs will surely have their day in court for their claims of past harm. [read post]
