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6 Jul 2017, 8:00 am
In the case that arose in Florida, plaintiff Susan Kalitan’s carpal tunnel syndrome was to be treated by surgery as an outpatient in 2007. [read post]
6 Jul 2017, 7:43 am
Considering all this, the court ruled plaintiff’s rights were not violated. [read post]
6 Jul 2017, 5:52 am
Under the Obama DOL, OSHA intended to use the electronic submission of this data to post injury and illness data on its website from all workplaces with 20 or more employees and for those in certain high-risk industries, making the information publicly available for unions, plaintiffs’ attorneys, and others. [read post]
5 Jul 2017, 2:12 pm
First: that the district court misapplied the primary significance test and failed to recognize the importance of verb use. [read post]
5 Jul 2017, 1:09 pm
The panel is allowed to consider: Medical charts; X-rays; Lab tests; Excerpts of treatises; Depositions of witnesses (including parties); and Any other form of evidence allowable. [read post]
5 Jul 2017, 7:02 am
The note stated that the plaintiff had tested positive for tetrahydrocannabinol (THC), the active compound in marijuana, but also explained that he had been prescribed a legal synthetic version of THC to treat his Crohn’s Disease. [read post]
5 Jul 2017, 4:00 am
(Phoenix Concert Theatre), 2012 ONCA 496 which set out the following factors to be considered in the test for reasonableness: (a) the time expended by the solicitor; (b) the legal complexity of the matter at issue; (c) the results achieved; and (d) the risk assumed by the solicitor. [read post]
3 Jul 2017, 12:48 pm
By purposefully mimicking the overall feel of the plaintiff’s website, the Court was easily satisfied that the two requirements were met here. [read post]
3 Jul 2017, 12:48 pm
By purposefully mimicking the overall feel of the plaintiff’s website, the Court was easily satisfied that the two requirements were met here. [read post]
3 Jul 2017, 12:09 pm
However, that was never made known to the plaintiffs, and no further tests were performed. [read post]
3 Jul 2017, 10:40 am
If malpractice is established, a plaintiff will be able to recover compensation for his or her harm. [read post]
3 Jul 2017, 7:50 am
Through diligent testing and a thorough analysis of a couple’s medical history, doctors are now able to advise parents about which, if any, conditions their offspring may be at risk of developing. [read post]
3 Jul 2017, 6:15 am
However, in adoptiong a “sliding scale” test, the court found that specific personal jurisdiction could be established. [read post]
2 Jul 2017, 9:32 am
This is not a balancing test (thank goodness). [read post]
1 Jul 2017, 4:07 pm
In any event, there were alternative remedies available to the plaintiff. [read post]
30 Jun 2017, 5:51 pm
Benitez then applied the more complicated test that is used by many lower courts. [read post]
30 Jun 2017, 10:53 am
The DOL’s reply brief states: Although [the] plaintiffs defend the district court’s broad reasoning, they offer no basis to call into question a regulatory test that has been in place since the [Fair Labor Standards Act’s (FLSA)] inception. . . . [read post]
30 Jun 2017, 9:30 am
The plaintiffs were Arab and Muslim men detained for months, much of it in solitary confinement, denied access to counsel or the outside world, shackled, and slammed against walls. [read post]
30 Jun 2017, 9:21 am
The Trump Administration, instead, is disputing the plaintiffs’ — and the district court’s — contention that salary levels are an improper consideration in determining “exempt” status. [read post]
30 Jun 2017, 5:00 am
According to the Opinion, the Defendant’s registered office and principal place of business was in Bucks County and the cause of action occurred in Bucks County.The Plaintiff attempted to file in Philadelphia under an argument that the amount of the Defendant’s advertising in Philadelphia supported venue in that county.The Superior Court rejected this argument and noted that the case law make clear that advertising was incidental to the purpose of a business and… [read post]
