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15 Jan 2018, 8:31 am by Steven Cohen
  The court sided with the plaintiff, stating that the conclusions in her report was based on interviews she had with the plaintiff as well as her examination of medical records, medical history, and education achievement test results. [read post]
15 Jan 2018, 5:58 am by pscamp01
Bogle, plaintiffs in error against the Collector of the Port of New York. [read post]
13 Jan 2018, 8:00 pm
As to the plaintiff’s claim under strict liability, however, the court affirmed the trial court’s dismissal — declining to extend strict liability “to a general endorser who makes no representation it has examined or tested each item marketed. [read post]
13 Jan 2018, 11:13 am by Jason Shinn
§ 541.601, an employee qualifies as an exempt “[h]ighly compensated employee[]” if three tests are met: “(1) a duties test; (2) a salary-level test; and (3) a salary-basis test. [read post]
12 Jan 2018, 10:36 am by Steven Cohen
Plaintiff filed suit against the defendant on a claim of trade dress infringement related to a French press coffeemaker. [read post]
12 Jan 2018, 9:55 am by Robert E. Braun
While consumers are so used to receiving breach notices that “breach fatigue” has set in, the second successful attack on Hyatt is sure to raise the eyebrows of regulators, plaintiffs’ lawyers, and guests. [read post]
12 Jan 2018, 6:17 am by Law Offices of Jeffrey S. Glassman
If an attorney chooses to take your case, there will often be no attorney fees unless and until the plaintiff is successful. [read post]
11 Jan 2018, 8:17 am by Law Offices of Jeffrey S. Glassman
This would be a lab at the company so they might have an interest in not finding asbestos rather than confirming the findings of the tests of a potential plaintiff in an defective products lawsuit. [read post]
11 Jan 2018, 7:56 am by George M. Gould
Reddy’s and Teva by Genzyme and Sanofi resulted in a decision for the plaintiffs. [read post]
11 Jan 2018, 3:30 am by Eric B. Meyer
A plaintiff’s admission that his employer never denied him an opportunity to take FMLA leave is “fatal” to an interference claim. [read post]
10 Jan 2018, 9:10 am by Law Office of Michael D. Maurer, P.A.
She claimed the doctor’s failure to order a blood test departed from the professional standard of care. [read post]
9 Jan 2018, 6:11 pm by Lara Fowler
Garre for plaintiff (Art Lien) stated, the special master had “made a legal error” in finding that Florida had to show “complete relief” — that any water not consumed by Georgia would reach Florida. [read post]
9 Jan 2018, 6:33 am by James Innocent
If it’s determined that the driver’s episode could have been foreseen, plaintiffs might have a cause of action in the form of negligent hiring or supervision. [read post]
8 Jan 2018, 4:31 pm by Arthur F. Coon
Ministerial/Discretionary Distinction The First District helpfully elaborated on CEQA’s “functional test” for determining whether an agency’s project approval action is ministerial, rather than discretionary, in nature and therefore not subject to CEQA in Sierra Club v. [read post]
8 Jan 2018, 12:41 pm by Ralph L. Jacobson
The “right to control” test is the primary determining factor: “California decisions applying such statutes uniformly declare that ‘[t]he principal test of an employment relationship is whether the person to whom service is rendered has the right to control the manner and means of accomplishing the result desired…’” Id. at 350 (internal citation omitted). [read post]
8 Jan 2018, 3:29 am by Peter Mahler
Justice Bransten found that the defendant failed to carry his burden in opposing dismissal to show that the transaction satisfied both prongs of the “entire fairness” test under Delaware law, i.e., fair dealing and fair price. [read post]
7 Jan 2018, 8:15 pm by Omar Ha-Redeye
In practice, the first prong of my test is likely to be satisfied by most current algorithms. [read post]