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24 Jul 2017, 10:42 am
Louis, Missouri. 1 See “FAQ: What are the differences between one-tailed and two-tailed tests? [read post]
24 Jul 2017, 10:40 am
Applying an objective test, the court says the works in question are not so aesthetically different from the original that they would pass the “reasonable viewer” test as a matter of law. [read post]
24 Jul 2017, 7:41 am
A plaintiff can bring a claim under the state law with such allegations, the court explained. [read post]
24 Jul 2017, 3:00 am
” The Thacker court called this approach the “frequency, regularity and proximity” test. [read post]
23 Jul 2017, 5:14 pm
It would have also provided the most extensive test-run for the new opt-out procedures. [read post]
23 Jul 2017, 1:19 pm
Under that definition, the capillary blood lead test performed on the plaintiff in December 1994 while she was living at the defendant’s property was invalid. [read post]
23 Jul 2017, 1:14 pm
" n118 On appeal, the Fourth Circuit held that while the commercial factor of the analysis tended to weigh against fair use, it had to be weighed alongside the other factors and was thus not determinative. n119 The plaintiffs argued that the district court erred in holding that iParadigms did not add anything new to a work to make it transformative, but simply stored the work in its archives. n120 They argued in the alternative that iParadigms still failed the transformativeness… [read post]
23 Jul 2017, 10:58 am
The third prong of the specific-jurisdiction test–“constitutional reasonableness”–requires the court to examine other factors to ensure that exercising jurisdiction would not be unfair under the circumstances of the case. [read post]
23 Jul 2017, 8:00 am
The trial court agreed and dismissed the plaintiff’s handicap discrimination claim. [read post]
23 Jul 2017, 8:00 am
The trial court agreed and dismissed the plaintiff’s handicap discrimination claim. [read post]
22 Jul 2017, 5:02 pm
Barbuto received a call from a human resources representative, who informed her that she was terminated for testing positive for marijuana. [read post]
22 Jul 2017, 5:02 pm
Barbuto received a call from a human resources representative, who informed her that she was terminated for testing positive for marijuana. [read post]
21 Jul 2017, 1:06 pm
In Reynolds itself, we observed that the plaintiff in that case had not persuaded us that one may infer from the history and purposes of the statute at issue a clear legislative intent to depart . . . from the common law as to the question at issue. [read post]
21 Jul 2017, 1:02 pm
In 2012, the deputy took the sergeant’s exam, a tool for assessing promotion candidates that included “a multiple-choice test, a structural interview, and an oral presentation. [read post]
21 Jul 2017, 12:18 pm
Thus, the court abandoned that test in favor of the simpler requirement that the plaintiffs merely show that their loved one was incapacitated, removing the requirement that the injury be related to the incapacitation. [read post]
21 Jul 2017, 11:25 am
Laidlow laid down a two-pronged test where the employer is held liable as if it intended the injury to occur. [read post]
21 Jul 2017, 7:39 am
The following are the most common types of damages claimed in a personal injury case: Medical Expenses This form of damages compensates the plaintiff for the out-of-pocket doctor bills and other medical expenses (testing, treatment, therapy, hospital stays) that she has already incurred and those expenses the plaintiff will need to pay in the future because of the injuries. [read post]
21 Jul 2017, 6:17 am
It concluded that the test for voluntariness that applies in the context of due-process claims should also apply in the context of First Amendment claims. [read post]
21 Jul 2017, 5:42 am
" As I write in this blog post, this case represents the first time the Court of Appeals holds that the motivating factor test governs FMLA retaliation cases.The other holding in this case is that the trial court got it wrong in allowing the employer's attorney to exploit how the plaintiff in pre-trial deposition invoked the Fifth Amendment on unrelated issues that could have affected her credibility.While evidentiary rulings are difficult to challenge on appeal, in this… [read post]
21 Jul 2017, 4:49 am
Background The plaintiff received an offer of employment conditioned on her passing a mandatory drug test. [read post]
