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31 May 2017, 5:06 pm
The employer investigated after a hotline call that specifically identified the plaintiff as having sold marijuana at work (Butler v. [read post]
31 May 2017, 10:18 am
And the following answer is retrieved: “To establish a prima facie case of negligence, a plaintiff must prove four elements: (1) a duty owed by the defendant to the plaintiff, (2) a breach of that duty, (3) causation, and (4) damages. [read post]
31 May 2017, 6:31 am
Cassandra discusses then-Judge Gorsuch's opinion in Dudnikov, finding jurisdiction in Colorado under the Effects Test based on a letter sent to California that affected the plaintiff's behavior and business in Colorado. [read post]
31 May 2017, 4:59 am
” At PrawfsBlawg, Daniel Epps notes that “the Court left the possibility open that the plaintiffs could still recover if the officers’ failure to secure a warrant … proximately caused the shooting,” but he foresees “some trouble down the road for civil-rights plaintiffs. [read post]
30 May 2017, 3:30 am
Plaintiff acknowledged that any offer of employment was conditioned on passing a drug test. [read post]
29 May 2017, 2:18 pm
In a written contract, Terracon was responsible for testing the soil for compliance with project specifications and building codes. [read post]
29 May 2017, 2:18 pm
In a written contract, Terracon was responsible for testing the soil for compliance with project specifications and building codes. [read post]
29 May 2017, 12:46 pm
To satisfy the frequency, regularity, proximity test, the plaintiff must present evidence showing exposure: To a particular product, regularly Over an extended period and In proximity to where the plaintiff worked However, the tests employed to determine liability in the case of secondary asbestos exposure are not compulsory and may vary from state court to state court. [read post]
29 May 2017, 12:46 pm
" When inquired about the liability test, the court stated it had previously been in favor of a plaintiff who "alleged she developed mesothelioma as a result of laundering her husband's asbestos-laden work clothes over a forty-year period". [read post]
29 May 2017, 12:46 pm
" When inquired about the liability test, the court stated it had previously been in favor of a plaintiff who "alleged she developed mesothelioma as a result of laundering her husband's asbestos-laden work clothes over a forty-year period". [read post]
29 May 2017, 12:46 pm
To satisfy the frequency, regularity, proximity test, the plaintiff must present evidence showing exposure: To a particular product, regularly Over an extended period and In proximity to where the plaintiff worked However, the tests employed to determine liability in the case of secondary asbestos exposure are not compulsory and may vary from state court to state court. [read post]
28 May 2017, 10:00 pm
The October 1994 inspection program and decision was also challenged by a similar group of plaintiffs making a parallel claim — USDA did not follow the APA notice and comment requirement for new rules. [read post]
28 May 2017, 8:30 am
What matters is whether the plaintiff came into direct contact with the religious establishment. [read post]
27 May 2017, 6:17 am
That showing triggered the application of the Lemon test for Establishment Clause challenges, which effectively shifted the frame of analysis from broad federal immigration power to rigorous constitutional norms against religious discrimination. [read post]
26 May 2017, 3:29 pm
Because we conclude that San Francisco’s public nudity ordinance is a valid regulation under the O’Brien test, even if we assume that more of Plaintiffs’ conduct was likely to communicate a message to those who saw it, Plaintiffs’ complaint would not be saved through further amendment. [read post]
26 May 2017, 10:15 am
Instead, the court aggregates two tests. [read post]
26 May 2017, 10:12 am
It first frames Plaintiffs’ injuries as “stress. [read post]
26 May 2017, 9:17 am
Each of these applicants took an additional two-day test in August 1980.The two-day test required participants to "function as counsel for the plaintiff in a simulated case" on one day, and "counsel for the defendant in a different simulated case" the other day. [read post]
26 May 2017, 8:18 am
Rincones, Rincones was terminated from employment after he failed a drug test. [read post]
26 May 2017, 8:18 am
Rincones, Rincones was terminated from employment after he failed a drug test. [read post]
