Search for: "Test Plaintiff"
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19 Sep 2013, 7:58 am
Plaintiffs may be claiming millions or billions of dollars in damages, which may approach “bet the company” proportions. [read post]
8 Apr 2013, 6:30 am
The plaintiff feels jilted and scorned; the defendant just wants to ply his or her trade. [read post]
14 Sep 2023, 3:39 am
The full text has yet to be released, but here is the accompanying press release (translation and emphasis by me):The appeal is successful if the Court of Appeal wrongly assumed that the claims asserted by the plaintiffs are excluded as of 7 June 2021 because the adoption of the rhythm sequence from the track "Metall auf Metall" by way of sampling is a permissible use for the purpose of pastiche pursuant to Section 51a sentence 1 UrhG in the version applicable as of 7 June 2021,… [read post]
9 Aug 2010, 2:23 pm
Many courts apply a two-pronged test to determine if a particular state-law claim is preempted: (1) the work must be within the scope of the subject-matter of copyright, and (2) the rights granted under state law must be equivalent to any exclusive rights within the scope of federal copyright. [read post]
6 Sep 2012, 9:58 am
In so doing, it noted that the proper test in reviewing a CFDBPA claim involving two businesses who are not consumers is “whether the alleged conduct involves trade practices addressed to the market generally or otherwise implicates consumer protection concerns. [read post]
7 Apr 2010, 9:38 am
Explaining that the legal certainty test is stringent, and only three situations clearly met the standard: 1) when the terms of a contract limit the possible recovery; 2) when a specific rule of substantive law limits the money recoverable; and 3) when independent facts show that the amount of damages was claimed by the plaintiff merely to obtain federal court jurisdiction. [read post]
9 Feb 2011, 8:06 pm
Plaintiffs also argued that under the salary-basis test, any employee whose wages can be reduced by their employer is non-exempt. [read post]
18 May 2008, 10:40 pm
The test was whether defendants' representations or omissions were likely to mislead a reasonable consumer under the circumstances. [read post]
28 Jul 2010, 8:24 pm
In distinguishing between an employee and contractor, “The vital test is to be found in the fact that the employer has or has not retained the right of control or superintendence over the contractor or employee as to details. [read post]
21 Jan 2009, 6:32 pm
In short, Plaintiffs exercised sufficient independence and discretion to fall within the FLSA exemption.The Court further held that even if Plaintiff's did not fall under the outside sales exemption, they would be exempt from overtime payments since they satisfied the test for exempt, administrative employees under both the FLSA and New York law. [read post]
19 Jan 2018, 5:00 am
Under this test, Sheffner asserted, the order issued in Equustek was proper and should be upheld. [read post]
20 Apr 2012, 11:14 am
Because these counselors had such a critical role in resident treatment, Devereux conducted special screening, background checks, a physical evaluation, drug testing and fingerprinting. [read post]
19 Apr 2017, 4:42 am
Mar. 7, 2017) the Court writes: And while there is no doubt that a “tester” plaintiff can have standing under the ADA, Betancourt, 735 F. [read post]
9 Oct 2020, 9:57 am
Marotta insisted his test was not so limited, but extended to any place with a sufficient proximate-cause link. [read post]
17 Apr 2012, 9:00 am
Intrinsic test. [read post]
26 Aug 2016, 1:00 am
In order to maintain a level of safety and control, commercial truck drivers must undergo constant training, monitoring, and even testing. [read post]
10 Apr 2018, 8:28 am
In those circumstances, the court stated, the plaintiff had “alleged sufficient facts to plausibly allege employee status under the [FLSA’s] economic realities test. [read post]
13 Jul 2016, 6:44 am
Plaintiff’s mesothelioma must have been caused by cosmetic talc, but Gunter’s and Sanchez’s test results found no asbestos in the talc the tested. [read post]
5 Jan 2015, 7:28 am
The court also cited the inherent risk to the plaintiffs given the ongoing uncertainty within the Second Circuit as to the applicable legal test to use in deciding whether an intern is an employee under the FLSA. [read post]
9 Jun 2021, 5:03 pm
The court evaluated Google’s Section 230 defense using the standard three-prong test as enunciated by the Ninth Circuit in Barnes v. [read post]
