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5 Sep 2012, 4:54 am
That wasn’t the law, which looked to when a reasonable plaintiff knew or should have known. [read post]
1 May 2011, 12:44 pm
Taken together, the undisputed facts indicate that Allen was the plaintiffs’ employer under the economic reality test. [read post]
5 Jun 2013, 12:58 pm
The plaintiff bringing such cases receives a percentage of the recovery, which often amounts to millions of dollars in successful cases. [read post]
17 Dec 2015, 12:23 pm
Overall, the Lexmark test for federal false advertising standing serves the purpose of the Lanham Act because it grants a cause of action to plaintiffs with a commercial injury, thus deterring unfair competition. http://tushnet.blogspot.com/feeds/posts/default? [read post]
23 Dec 2014, 6:26 am
The case was argued in September 2013, but this trick question needed clarification from the New York Court of Appeals, which issued a ruling in October 2014.Plaintiffs did testing and inspection work. [read post]
18 Dec 2012, 7:25 am
Based on those tests, medical group physicians told the plaintiff that cysts and lymph nodes appeared benign. [read post]
7 May 2024, 4:30 am
For example, in this recent Sixth Circuit decision, the defendant fired the plaintiff after he tested positive for marijuana during a random drug test. [read post]
18 Nov 2020, 7:09 am
Both plaintiffs were seaman under the nature test, and the panel could not distinguish Sanchez’s case. [read post]
18 Jun 2018, 9:57 am
We need not doubt the plaintiffs’ math. [read post]
11 Dec 2023, 12:00 pm
In late Nov. 2020, six Plaintiffs filed a lawsuit seeking to overturn the election’s results in Michigan. [read post]
4 Sep 2017, 2:35 pm
The legal test for whether assumption of risk applies is whether the risk inherent to the activity can be eliminated without changing the fundamental nature of the activity. [read post]
10 Oct 2018, 9:13 am
The medical records included an emergency room visit, numerous tests including imaging, MRIs, prescriptions, and more. [read post]
1 Mar 2010, 1:56 pm
Six Plaintiffs Selected From Among The 300 Levaquin Lawsuits Filed To Date In Federal Court System (Posted by Tom Lamb at DrugInjuryWatch.com) At a February 12, 2010 Status Conference, U.S. [read post]
26 Jul 2019, 9:34 am
This blog will touch on the interplay between Medicare Set-Asides (MSA) and Medicaid’s means-tested Supplemental Security Income (SSI) benefits. [read post]
25 Feb 2014, 1:14 pm
It does reframe the effects test to focus on the defendant's contacts with the forum, not with the plaintiff, although recognizing that they may be intertwined. [read post]
11 Feb 2019, 5:48 pm
Subsequent testing of the house confirmed the presence of extremely high levels of mold. [read post]
7 Jul 2016, 12:37 pm
Plaintiffs’ counsel improvidently attempted to support the CFES analysis by adverting to the Reference Manual on Scientific Evidence (3d ed. 2011), which properly notes that the t-test is designed for small samples, but also issues the caveat that “[a] t-test is not appropriate for small samples drawn from a population that is not normal. [read post]
9 Dec 2008, 10:17 am
But not every test regime conjured up by plaintiffs' attorneys or their experts for a class of litigants falls into the same category as tests recommended for specific populations by, for example, the US Preventive Services Task Force. [read post]
24 Nov 2020, 5:24 pm
The any occupation test of disability is more difficult to meet, and in this case working three days per week in the plaintiff’s own occupation was adequate evidence to demonstrate that she did not meet the test. [read post]
4 Apr 2012, 2:34 pm
At some point, she received a letter from North Central Bronx Hospital advising her that plaintiff should have a blood test. [read post]
