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17 Mar 2011, 8:44 am by Maxwell Kennerly
This structure is designed, built and tested for one single purpose: To contain, indefinitely, a complete core meltdown. [read post]
4 Dec 2011, 8:34 pm by Richard Montes
The Court held that the trial court applied the Frye test too narrowly in excluding the evidence and reversed allowing the plaintiff's experts to opine on the issue. [read post]
4 Aug 2010, 12:09 pm by Anthony Zaller
The employer in this case terminated plaintiff’s employment based on a positive test for marijuana even through the plaintiff provided a doctor’s note explaining that he was prescribed marijuana to alleviate back pains. [read post]
14 Oct 2021, 3:45 pm by Eugene Volokh
In their responses to the Plaintiffs' motion seeking preliminary injunctive relief, the Defendants have not challenged the sincerity of the Plaintiffs' asserted religious beliefs or that those beliefs are the reason for the Plaintiffs' refusal to be vaccinated. [read post]
28 Nov 2018, 6:51 am by Doug Cornelius
Therefore, Plaintiff has not demonstrated a reasonable likelihood that the wrong will be repeated. [read post]
28 Jul 2009, 7:53 am
Based on these statistics, Judge Garaufis held that the plaintiffs made out a prima facie case of disparate impact discrimination. [read post]
29 Mar 2007, 3:04 am
Brady, 460 F.Supp.2d 226, 237 (D.Mass.2006) ("[Section] 1983 is an entirely appropriate medium for plaintiff to raise his claim for access to DNA testing. [read post]
22 Jan 2015, 8:57 am
Austria] via the website of [the defendant] of the photographs to which the rights relied on by [plaintiff] pertain. [read post]
4 Jun 2012, 5:29 pm
The plaintiff's attorneys had a strong case based on the medicine but admitted that they had a lot of overcome given the juicy details of the case. [read post]
15 Jan 2021, 12:05 pm by Greg Mersol
This two-step Lusardi test often resulted in notice being given to workers who were ultimately determined not to be “similarly situated” to the named plaintiff under the stricter standard applied at the decertification stage. [read post]
29 May 2022, 7:41 am by David Adelstein
Relying on Georgia law (but it would be the same in many jurisdictions), when a contract is for the sale both goods and services, the court will apply the predominant factor test. [read post]
10 May 2017, 7:05 am by Clay Hodges
The defendants countered that the FDA and many other countries did not require such a screening test. [read post]
10 Aug 2009, 5:40 am
Under their analysis, the failure to advance a legitimate government interest means that Prop. 8 can not survive even the weakest test of constitutional review. [read post]
20 Aug 2012, 6:19 pm by Charles Bieneman
The plaintiff further argued that the claims met the machine-or-transformation test because data was allegedly being transformed, and because the telephone recited in the claims allegedly was a specific machine. [read post]
24 Jan 2011, 12:40 am by John Day
    Plaintiff owned and actively managed several small businesses and was unable to do so after the wreck. [read post]
The 13-page opinion weighed the facts of this voter fraud case under Michigan’s four-part test for injunctive relief. [read post]
P. 11 requires that there be a good faith basis for the factual and legal contentions contained in a pleading, the district court’s use of the confidential witnesses’ testimony to test the good faith basis of plaintiffs’ compliance with Tellabs was permissible. [read post]