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4 Aug 2017, 8:35 am
They are using well-tested, well-vetted components. [read post]
4 Aug 2017, 6:27 am
Rather, it concluded that an association may seek an injunction under Section 16 on behalf of its members as long as it satisfies the test for associational standing set forth in Hunt. [read post]
4 Aug 2017, 3:24 am
In April 2005, based on the testing and plaintiff’s complaints of pain, defendant ordered an ultrasound, which “revealed findings consistent with benign prostate hypotrophy,” and defendant referred plaintiff to a urologist. [read post]
3 Aug 2017, 12:13 pm
While she was definitely biased when the case was first appealed to the Court, as I explain in more detail below, that blight on her impartiality pales into insignificance before the blatant, result-oriented bias she has exposed in her opinion concurring in a 3-2 decision that would result in the transfer of multiple millions of dollars' worth of real property from the plaintiff Diocese to the ECUSA-controlled defendant, called the Episcopal Church in South Carolina… [read post]
3 Aug 2017, 9:26 am
The Court applied the familiar Aronson test: “plaintiff must plead particularized facts sufficient to raise (1) a reason to doubt that the action was taken honestly and in good faith or (2) a reason to doubt that the board was adequately informed in making the decision. [read post]
3 Aug 2017, 9:08 am
The WP29 stresses that the use of monitoring tools most often can only be justified based on a balancing of interest test. [read post]
3 Aug 2017, 7:20 am
As a water services worker, the employee among other things found leaks, tested water pressure, and replaced water meters. [read post]
3 Aug 2017, 3:00 am
The latter aim, however, is not to be disregarded since affordability of justice is of utmost importance; moreover, there are numerous examples illustrating that procedural rules which emerged by necessity rather than by design may stand the test of time. [read post]
2 Aug 2017, 8:22 pm
Analyzing the issue under the Department of Labor’s “short duties” test set forth in 29 C.F.R. section 541.700(a), the Court of Appeals reasoned that Provident’s underwriters fell on the “production” side of the “administrative-production dichotomy” because their duties relate more to the creation and sale of the bank’s products than to the actual, general operation of the bank itself. [read post]
2 Aug 2017, 12:36 pm
In Barbuto, the plaintiff was hired subject to a drug test and started working. [read post]
2 Aug 2017, 8:17 am
Commercial Interiors, Inc., could possibly weigh in plaintiff’s favor. [read post]
1 Aug 2017, 12:48 pm
For its part, the national Plaintiffs’ firm Cafferty Clobes Meriwether Sprengel LLP is investigating GMC and Chevrolet’s behavior, and would be happy to take your call to discuss any potential claims you may have. [read post]
1 Aug 2017, 12:48 pm
For its part, the national Plaintiffs’ firm Cafferty Clobes Meriwether Sprengel LLP is investigating GMC and Chevrolet’s behavior, and would be happy to take your call to discuss any potential claims you may have. [read post]
1 Aug 2017, 12:24 pm
In my opinion, a reasonable person would (as the trial judge here acknowledged) have known this; and even if one took into account the plaintiff’s age and experience, the test would also be met. [read post]
1 Aug 2017, 10:07 am
If the plaintiff proves that a test has a significant disparate impact, and the defendant then fails to prove that the test is job related and consistent with business necessity, “then the defendant loses, regardless of the plaintiffs’ showing of an alternative. [read post]
1 Aug 2017, 4:02 am
NJAC 13:13-2.8(a)(2).There is a two phase test in a discrimination action. [read post]
31 Jul 2017, 9:22 am
The defendant eventually fired the plaintiff, stating that an internal investigation found her claims to be baseless. [read post]
31 Jul 2017, 7:29 am
A series of vulgar statements in a short period of time may satisfy that test. [read post]
29 Jul 2017, 12:34 pm
The defense challenged the plaintiffs’ regression on grounds that key variables were omitted. [read post]
29 Jul 2017, 9:07 am
FDA Legacy Device Loophole Normally it takes a lot of time and a great deal of testing to get a new drug or medical device on the market, as there is a lot of safety testing and efficacy testing that must be done before the U.S. [read post]
