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9 Jun 2016, 8:00 am
The plaintiff Saleh Mizyed appealed from the trial judge’s order granting summary judgment, which dismissed his medical malpractice complaint against the defendant Palos Community Hospital. [read post]
26 Jul 2021, 2:29 pm
Such actions do not withstand intermediate scrutiny because ex parte orders of protection issue without adversarial testing. [read post]
20 Oct 2017, 7:05 am
As a practical matter, urine testing is inaccurate and blood testing requires a phlebotomist so breath testing is the preferred method. [read post]
18 Aug 2020, 10:19 am
Plaintiffs argue that the challenged module fails under the second prong of the Lemon test. [read post]
26 Feb 2016, 7:25 am
Typically and in compliance with HIPPA rules the Defendants may not engage in ex parte communications with the Plaintiffs’ treating or prescribing physicians about a particular Plaintiff’s treatment or about issues relating to the ongoing litigation. [read post]
9 Jan 2009, 5:30 pm
Heller was a Second Amendment test case, brought by a group of libertarian lawyers on behalf of plaintiffs with respectable backgrounds and appealing reasons for seeking relief from the District of Columbia's extremely restrictive gun control regulations. [read post]
24 Nov 2019, 7:41 am
In 2019, Saldivar’s lab again began testing talcum powder on behalf of the FDA and in September it tested Baby Powder samples sent to it by federal safety regulators. [read post]
4 May 2012, 6:15 am
But, for some reason, the doctor felt compelled to point out on direct that he would have ordered them himself, if he was treating the plaintiff. [read post]
4 May 2012, 6:15 am
But, for some reason, the doctor felt compelled to point out on direct that he would have ordered them himself, if he was treating the plaintiff. [read post]
30 Nov 2009, 1:50 pm
The 9th reasoned that the civil test placed the burden on the plaintiff to show causation, and it was an ill fit for sentencing, and that the guidelines favored a broader net thrown. [read post]
1 Oct 2009, 12:23 pm
City of Chicago, the plaintiffs are a group of approximately 6,000 black firefighter applicants who filed charges of race discrimination with the EEOC more than 300 days after the initial announcement of their test results, but within 300 days of the hiring of the new firefighter class from which they allege they were denied consideration. [read post]
9 Sep 2009, 2:26 am
The tests embodied in the working rule of Shelfer are cumulative, and assume a significant inequality of entitlement between the parties (as the injury to the plaintiff from the trespass must ordinarily be small and the harm occasioned by an injunction to the defendant must be so disproportionate as to constitute oppression). [read post]
19 Jan 2017, 7:27 pm
Court’s Holding: Since this action was first filed in Illinois, the court declined to apply the overwhelming hardship test. [read post]
28 Oct 2016, 2:39 pm
DNA tests confirmed that the plaintiff was not the father, and the mother was awarded custody of the child. [read post]
11 Jul 2010, 11:16 am
Plaintiff appeals. [read post]
2 Jul 2016, 12:03 pm
The proper test was the “inevitable use” test, in which it is determined the machines would inevitably be used in a way that exposed workers to asbestos dust without adequate warning or protection. [read post]
13 Aug 2012, 7:15 pm
Interestingly, the court permitted the claims to continue based on literature regarding harm of the same general nature as plaintiff’s injury, even though the parties agreed that there was no literature at the time of the procedure linking the pump to the plaintiff’s specific type of injury. [read post]
17 Apr 2020, 6:52 am
The defendant insisted that he submit to a blood test. [read post]
26 Apr 2012, 7:02 am
The Court in NBA had created a couple possible tests, which a number of district courts have attempted to apply; a case in the last year from the same court, however, appears to dismiss the tests articulated in NBA as dicta. [read post]
11 Apr 2011, 12:12 pm
The cases repeatedly employ the same three-part test, which does not require a plaintiff to show the falsity or inaccuracy of an assurance. [read post]
