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30 Nov 2015, 1:25 pm
Rptr.3d 79, 87 (App. 2015) (recognizing Dumas rule; finding plaintiff met traditional 50%+ probablity requirement). [read post]
13 Jul 2010, 1:37 pm
The Courts use a 6 part test to determine if the person should be considered an employee instead of an independent contractor. [read post]
15 Oct 2022, 8:27 am
It does appear that the various factors relevant in these respective cases have been considered holistically with no particular test emerging as definitive. [read post]
31 Jan 2007, 12:51 pm
"The plaintiff has made numerous meritorious policy arguments in support of his position for this court to require the state to allow him access to the evidence for DNA testing," she wrote. [read post]
22 Jan 2010, 10:13 pm by MacIsaac
Dercksen who noted the injuries were more than normal degeneration for someone of the plaintiff's age. [64] Therefore, I agree with the plaintiff that, on a balance of probabilities, but for the negligence of the defendants, the plaintiff would not have sustained the injuries that he did, and the plaintiff has met the test for causation: Resurfice Corp. v. [read post]
7 Dec 2011, 4:46 am
. , 547 U.S. 388 (2006), the district court turned to analyzing the traditional four-factor test for determining whether an injunction was appropriate in this case. [read post]
11 Feb 2016, 11:32 am
  Indeed, the Fourth Circuit went so far off base as to state that the 510k clearance process allows some medical devices to “avoid” “safety testing. [read post]
9 Jul 2019, 12:57 pm by Rebecca Tushnet
Cal. 2013) (“To be ‘explicitly misleading,’ a defendant’s work must make some affirmative statement of the plaintiff’s sponsorship or endorsement, beyond the mere use of the plaintiff’s name or other characteristic. [read post]
4 Mar 2016, 7:26 am by Rebecca Tushnet
  Others described R&J’s staff as unprofessional and rude; the service as expensive; and claimed that a test performed by R&J “burned” skin. [read post]
26 Nov 2017, 5:34 pm by Annemarie Bridy
Interestingly, Amazon—now a producer of paid programming—is Universal’s co-plaintiff against TickBox TV.) [read post]
19 Aug 2010, 7:05 am by John Hochfelder
She was diagnosed with post-concussive syndrome; however, there were no objective medical tests that conclusively established the basis for her complaints. [read post]
We are thrilled to share this victory with our brave plaintiffs and their peers, who stood up to the school officials who attempted to blindside their constitutionally protected right to privacy. [read post]