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29 Aug 2017, 8:34 am
However, the deliberate indifference standard set out by the Supreme Court is a very high bar for plaintiffs seeking liability against their children’s schools for bullying. [read post]
29 Aug 2017, 7:10 am
After he missed another call on June 16, he told a BNSF general manager that he intended to undergo testing for a possible sleep disorder and asked to switch to a job with set hours. [read post]
29 Aug 2017, 6:29 am
A plaintiff must show that the institution’s negligence was the proximate cause of his injuries, and one prong of the proximate cause test requires plaintiff to prove that “the harm giving rise to the action could have reasonably been foreseen or anticipated by a person of ordinary intelligence and prudence. [read post]
29 Aug 2017, 4:42 am
The hybrid test considers elements of both the common law and the economic reality tests. [read post]
28 Aug 2017, 1:32 pm
The decision had been eagerly anticipated as a key test for how courts would interpret the U.S. [read post]
28 Aug 2017, 11:46 am
The problem with this is that one of the claims filed by plaintiffs in products liability lawsuits against the makers of Xarelto involve a claim known as failure to warn of a known danger. [read post]
28 Aug 2017, 6:02 am
Ficeto, 677 F.3d 60, 68 (2d Cir. 2012)), but how this test implicated the standards for class certification was not clear. [read post]
28 Aug 2017, 4:00 am
On the UCL "unfair" prong claim, the Court applied the "section 5" test, without acknowledging the three-way split in authority (see this blog post). [read post]
27 Aug 2017, 10:01 pm
Lipitor plaintiffs, though, need not do so at the pleading stage. [read post]
27 Aug 2017, 10:01 pm
Lipitor plaintiffs, though, need not do so at the pleading stage. [read post]
27 Aug 2017, 12:02 pm
This test looks at whether the harm actually suffered was foreseeable as well. [read post]
26 Aug 2017, 5:41 am
We trust the vehicles in which we rely on daily to be properly tested for safety. [read post]
25 Aug 2017, 12:51 pm
Providing a “reasonable” standard of care does not mean that the doctor has to order every possible test. [read post]
25 Aug 2017, 7:44 am
Thereafter, the plaintiffs moved for summary judgment, which the district court granted. [read post]
25 Aug 2017, 3:00 am
In Briggs, plaintiffs in a consolidated proceeding had suggested using bellwether trials to test common issues, but did not seek a joint trial and sought to try all claims individually. [read post]
24 Aug 2017, 6:26 pm
The court rejected this conclusory allegation because it was not self-sufficient and did not satisfy the “reasonably conceivable test” under Rule 12(b)(6). [read post]
24 Aug 2017, 8:00 am
This was done after test results were revealed during a prenatal visit. [read post]
24 Aug 2017, 7:34 am
Courts use a two-part test to determine whether an agency’s conduct falls within the discretionary-function exception. [read post]
23 Aug 2017, 1:20 pm
In 2011, a routine test showed the patient presented increased liver function. [read post]
23 Aug 2017, 12:15 pm
The court has agreed to more specifically address the issue of whether the Plaintiff’s claims met an exception to the discovery rule related to the statute of limitations where the Plaintiff “did not and was financially unable to, confirm [the Defendant’s] negligent misdiagnosis until final medical testing confirmed she had Lyme disease. [read post]
