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18 Sep 2017, 5:20 am
The job offer was later rescinded because she tested positive for cannabis; in the meantime, Plaintiff’s position at Touchpoints was filled, so she could not remain employed there. [read post]
18 Sep 2017, 3:00 am
Plaintiff moved to remand. [read post]
16 Sep 2017, 5:53 pm
Strong points to a California case that provides a multifactor test that considers how much the transaction was supposed to affect the plaintiff, the foreseeability of harm, how certain the injury was, the connection between the conduct and the injury, and the policy of preventing future harm. [read post]
15 Sep 2017, 2:26 pm
It is not plain and obvious that the plaintiff cannot succeed at trial on the facts pleaded; a cause of action has been made out. [read post]
15 Sep 2017, 2:26 pm
It is not plain and obvious that the plaintiff cannot succeed at trial on the facts pleaded; a cause of action has been made out. [read post]
15 Sep 2017, 9:26 am
Although these allegations have not been tested, presumably patentees are comfortable asserting these as sufficient under Rule 11. [read post]
15 Sep 2017, 8:07 am
The Third Circuit has defined a five-part test for establishing a hostile work environment based on race: the plaintiff experienced (1) intentional discrimination based on race (2) that was “severe or pervasive,” (3) that “detrimentally affected the plaintiff,” (4) that would have a comparable effect on “a reasonable person” in a similar situation, and (5) that occurred in a situation in which respondeat superior liability… [read post]
15 Sep 2017, 7:18 am
Our offices in Miami, Homestead, and Hollywood serve the entire South Florida area and our more than 60 years of combined experience are trusted by plaintiffs across the region. [read post]
15 Sep 2017, 6:33 am
— KBMT – Beaumont EPA won’t release benzene levels collected post-Harvey; private tests show elevated levels — Environmental groups hired a private firm after the flooding and found higher than normal levels of dangerous chemicals in the air around a refinery. [read post]
15 Sep 2017, 6:33 am
— KBMT – Beaumont EPA won’t release benzene levels collected post-Harvey; private tests show elevated levels — Environmental groups hired a private firm after the flooding and found higher than normal levels of dangerous chemicals in the air around a refinery. [read post]
15 Sep 2017, 5:45 am
JUSTICE HANDLER did not participate.SUPREME COURT OF NEW JERSEYA- 11 September Term 1993 STATE OF NEW JERSEY, Plaintiff-Appellant, v.DAVID MORTIMER, Defendant-Respondent. [read post]
14 Sep 2017, 1:33 pm
We conclude the Plaintiff borrowing parties waived the right to bring a class action. [read post]
14 Sep 2017, 1:28 pm
Indeed, the Court concluded that “Further, to the extent this was a test case, this could have prompted a higher level of activity by the respondent and, thus, would have justified an elevated costs award. [read post]
14 Sep 2017, 5:25 am
Jacoby responded that Cellular South’s expert used the wrong universe (testing Spire’s customer base, not Cellular South’s), wrong stimuli (logos without context), and wrong protocols (no control group!). [read post]
14 Sep 2017, 4:31 am
At NPR, Nina Totenberg looks back at the life of Edith Windsor, “the plaintiff in the landmark Supreme Court case that required the federal government to recognize same-sex marriages,” who became “an octogenarian rock star in the gay rights community. [read post]
13 Sep 2017, 6:31 am
The employer’s vice president of HR described the employee as a “pain in the ass,” both before and after plaintiff had failed his first drug test, and she ordered that he submit to a fourth drug test within two hours of learning that he had failed the third, which he claimed was unreasonable. [read post]
13 Sep 2017, 3:53 am
“The First Department has adopted Delaware’s Tooley test for determining whether a claim is direct or derivative, which requires the court to examine “the nature of the wrong and to whom the relief should go. [read post]
13 Sep 2017, 3:30 am
That is, if the plaintiff actually received substance abuse treatment after he tested positive the first time, that leave from work would have qualified for FMLA leave. [read post]
12 Sep 2017, 5:22 pm
Litigators and trial judges would be much better off if the eBay opinion could have been assigned to Professor Rendleman.In Modern American Remedies: Cases and Materials at 426 (4th ed. 2010) Douglas Laycock argued that there was "no traditional four-part test" and that the Supreme Court majority's citations supporting this test are misplaced in cases related to preliminary injunctions.One notes also the text in 27 Rev. [read post]
12 Sep 2017, 3:54 pm
” “They said they were not told that they were receiving Infuse or that it was being inserted into mechanical devices with which it had never been tested for safety. [read post]
