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21 Dec 2017, 9:22 pm
BPI’s status as the first plaintiff to come away as a winner in such a disparagement case is obvious. [read post]
21 Dec 2017, 6:19 am
§ 541.602(a), which defines the salary basis test, does not explain what to do when an employee’s salary is not clearly calculated “on a weekly, or less frequent basis. [read post]
21 Dec 2017, 6:18 am
Primary beneficiary test applied. [read post]
21 Dec 2017, 5:00 am
Section 8371.In Rancosky, the Supreme Court adopted the two-part test enunciated in the case of Terletsky v. v. [read post]
21 Dec 2017, 4:30 am
-- finding that agency properly invoked Exemption 9 to withhold information regarding the construction, location, and depth of water wells; rejecting plaintiff's argument that the exemption applied to oil and gas wells only. [read post]
20 Dec 2017, 1:51 pm
(Clinical testing could only ever be support for that basic claim.) [read post]
20 Dec 2017, 10:37 am
The reader of Judge Ericksen’s opinion never learns what statistical test was used by Professor Holford, what justification was needed but allegedly absent for the test, why the justification was contested, and what other test was alleged by plaintiffs to have been a “better” statistical test. [read post]
20 Dec 2017, 4:00 am
The recent history of judicial review in Canada has been marked by ebbs and flows of deference, confounding tests and new words for old problems, but no solutions that provide real guidance for litigants, counsel, administrative decision makers or judicial review judges. [read post]
19 Dec 2017, 8:39 am
He did not measure anything, did not see the car, and cites no accident information, statistics or testing. [read post]
19 Dec 2017, 5:00 am
Under Delaware’s Rales test for demand futility, which applies to alleged violations of oversight duties under Caremark, plaintiffs must raise a reasonable doubt as to the board’s independence and disinterest to evaluate a demand that would expose the board to a "substantial likelihood of personal liability. [read post]
18 Dec 2017, 1:50 pm
Assessing the matter for the first time under the “primary beneficiary” test, Judge Oetken determined that all of the Glatt factors except the sixth (displacement of paid employees) either favored Hearst to some degree or were neutral, leading the court to conclude as a matter of law that the plaintiffs were interns rather than employees. [read post]
15 Dec 2017, 10:32 am
Cases such as Lowery also suggest that a school might eject a student from an optional program for speech that substantially interferes with the smooth function of the program (applying the substantial disruption test from Tinker v. [read post]
15 Dec 2017, 7:18 am
The “job situs” test limits the statute’s application to employees who work principally in California, and the plaintiffs spent most of their working time outside of the state. [read post]
15 Dec 2017, 1:00 am
The lawsuit apparently resolved with any paid settlement to the plaintiffs. [read post]
14 Dec 2017, 10:48 pm
Public pension funds in Ohio and Texas were among the lead plaintiffs in the case. [read post]
14 Dec 2017, 12:22 pm
This defendant allegedly refused to submit to chemical breath testing, but the arresting officer determined there was probable cause to arrest him despite the lack of chemical testing results. [read post]
14 Dec 2017, 11:28 am
Even the plaintiffs seem to concede the constitutionality of the status disclosure, at least in theory. [read post]
14 Dec 2017, 10:02 am
If Convicted, Reckless Truck Driver Dwayne Simon Deserves Hard Time Pet Plaintiffs: What Can I Do if My Pet is Hurt in a Crash? [read post]
14 Dec 2017, 5:29 am
As our Boston brain injury lawyers can explain, new scientific discoveries and testing methods are being developed that are designed to lead to early diagnosis, even on the side of a football game for example, and this can aid in proving damage in a personal injury lawsuit or even a workers’ compensate case. [read post]
14 Dec 2017, 4:22 am
Stephanopolous maintains here that “had the plaintiffs [in Benisek] attacked Maryland’s entire congressional map, they (likely) would have been entitled to prevail under the test adopted by the Whitford trial court. [read post]
