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20 Jul 2017, 1:50 pm
Afterwards, he allegedly had to undergo a battery of tests and take powerful medication to ensure he didn’t contract HIV or other diseases. [read post]
20 Jul 2017, 12:43 pm
To prove retaliation, a plaintiff must meet a three-part test: (1) The plaintiff invoked a right to leave under the FMLA, and (2) the employer made an adverse decision that (3) “was causally related to her invocation of rights. [read post]
20 Jul 2017, 9:56 am
Williams testified that he performed numerous tests on Lee to ascertain where he was experiencing pain. [read post]
20 Jul 2017, 8:00 am
In Sandusky Wellness, the plaintiff sought to bring a claim under the Telephone Consumer Protection Act (TCPA) and specifically the Junk Fax Protection Act Amendments of 2005 due to the plaintiff’s receipt of an unsolicited facsimile transmission. [read post]
20 Jul 2017, 6:54 am
Plaintiff appealed, arguing that the trial was fatally tainted because the judge charged the jury under the "but for" test and not the "motivating factor" test. [read post]
20 Jul 2017, 6:40 am
It is not clear which test Florida courts will apply as some courts still follow the traditional test for unfair practices. [read post]
19 Jul 2017, 7:17 am
Actions that seem more conscious or intentional are more likely to meet the test for punitive damages — like driving a car when you know the brakes are defective or repeatedly driving when severely intoxicated. [read post]
19 Jul 2017, 6:47 am
Several of the plaintiff’s claims—including disability discrimination and wrongful termination—were dismissed and the plaintiff appealed. [read post]
19 Jul 2017, 5:13 am
Four senior sales executives of plaintiff Document Technologies Inc (“DTI”) collectively decided to leave DTI and signed new employment agreements with LDiscovery. [read post]
19 Jul 2017, 5:13 am
Four senior sales executives of plaintiff Document Technologies Inc (“DTI”) collectively decided to leave DTI and signed new employment agreements with LDiscovery. [read post]
19 Jul 2017, 5:13 am
Four senior sales executives of plaintiff Document Technologies Inc (“DTI”) collectively decided to leave DTI and signed new employment agreements with LDiscovery. [read post]
18 Jul 2017, 3:32 pm
Further to the July 17 IPBiz post on "who" sang the number one hit "He's a Rebel" (the Blossoms, not the Crystals),IPBiz notes another interesting bit of music intellectual property. [read post]
18 Jul 2017, 12:52 pm
The Plaintiff, Christina Barbuto, accepted a job with Advantage Sales and Marketing (ASM) promoting products inside supermarkets. [read post]
18 Jul 2017, 12:52 pm
The Plaintiff, Christina Barbuto, accepted a job with Advantage Sales and Marketing (ASM) promoting products inside supermarkets. [read post]
18 Jul 2017, 12:05 pm
Under this part of the test, a court will look to determine whether the function of the obligation was to provide some sort of daily necessity such as food or transportation. [read post]
18 Jul 2017, 10:35 am
“The best reading of California precedent is that the reasonable consumer test is a requirement under the UCL’s unlawful prong only when it is an element of the predicate violation. [read post]
18 Jul 2017, 7:36 am
The plaintiff hired a mechanical engineering expert witness to assist in a providing causation testimony. [read post]
18 Jul 2017, 5:27 am
After the plaintiff disclosed as part of the application process that she was a medical marijuana user and would not pass the required pre-employment drug test, the company did not hire her and she filed suit. [read post]
17 Jul 2017, 9:57 am
The court noted that prior case-law laid out a multi-factor test to determine whether a plaintiff was considered to be “occupying” a vehicle. [read post]
17 Jul 2017, 8:17 am
The claim, the court found, fell squarely within the two-pronged test for determining whether a plaintiff’s claim is foreclosed by the discretionary function exemption. [read post]
