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27 Aug 2012, 11:48 am
It thus appears that for scienter, the mental element is based on a subjective test: the plaintiff must establish that the defendant actually knew of the dog’s propensity to cause the relevant type of harm. [read post]
24 Apr 2014, 6:23 am
Thus, the court proceeded to test the sufficiency of the employees’ collective action allegations in the context of the motion to dismiss. [read post]
26 Jan 2011, 8:06 am
" In layman's terms, there is no bright line test for determining who is protected from retaliation under Title VII. [read post]
20 Dec 2006, 6:00 am
" Thus, plaintiff failed to establish that the class action waiver was substantively unconscionable under the Discover Bank test. [read post]
22 Feb 2015, 9:53 pm
This concession, alone, was sufficient to satisfy the first Willoth prong under the effective prohibition test. [read post]
19 Nov 2010, 5:07 am
Orrison’s opinion was based not only on his reading of the diagnostic testing, but was coupled with the plaintiff’s history. [read post]
11 Mar 2023, 6:52 am
Wake Electric Membership Corp.,4 the Plaintiff sought discovery of the personnel file of Defendant Champion. [read post]
24 Oct 2008, 4:02 pm
., No. 060978 Grant of summary judgment in favor of defendants on plaintiff's claims for violation of the overtime provisions of the Fair Labor Standards Act (FLSA) is affirmed where: 1) prospective adjustments to an employee's salary based on the quality of work which do not reduce the "predetermined amount" of salary do not violate the "salary-basis test" of the FLSA so long as the salary scheme was not designed to circumvent the requirements of the… [read post]
14 Sep 2010, 8:46 am
It is not the function of a demurrer to test the truth of the plaintiffs allegations or the accuracy with which he describes the defendant's conduct. [read post]
17 Nov 2022, 1:59 pm
The third element of the Section 230 immunity test requires that the disputed information was provided by a third party. [read post]
6 Jan 2011, 1:03 pm
Judge Melvin was the plaintiff in one of the earliest Doe cases to reach the appellate level, Melvin v. [read post]
13 Mar 2017, 9:08 pm
” They also say the company failed to test for microbial pathogens, like E coli O157:H7. [read post]
5 Aug 2009, 12:55 pm
Plaintiff sought an injunction against their enforcement, which was denied by the District Court. [read post]
21 Jan 2008, 6:33 pm
Surely that suspicion can be tested empirically.To our eye, here's what happens in our cases: The court calls in 70 or 80 folks as the jury pool. [read post]
24 Jun 2012, 9:39 am
Marcom's opinion and his earlier treatment records, related to th results of a straight leg raising test ( a test to determine whether or not a herniated disc is present) "[O]ne inconsistency between two records dated two years apart does not amount to 'good cause' to discount a treating physician's opinion," the court ruled. [read post]
26 Jul 2019, 7:42 am
A 2015 ruling by the New Jersey Supreme Court adopted a test for determining whether an individual is an employee or independent contractor, known as the “ABC test. [read post]
14 Jan 2014, 4:27 am
Tom was siting on a chair in a corner when Lorraine noticed his eyes were closed while he was repeatedly taking his right hand and trying with difficulty to touch his nose – sort of like the field sobriety tests police officers give to test a driver’s coordination. [read post]
3 Feb 2022, 1:46 pm
The test is subjective. [read post]
14 Oct 2011, 6:43 am
So TwIqbal forces the plaintiff has to put up or shut up, that it, actually get herself tested. [read post]
5 Mar 2012, 11:50 am
; and (e) even though the comment satisfies the objective test the defence can be defeated if the plaintiff proves that the defendant was actuated by express malice. [read post]
