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11 Jun 2024, 4:30 am by Eric B. Meyer
She alleged that, as an Instructional Coach, she had helped the teachers she coached “double or even triple” scores on statewide math testing and that she had obtained a master’s degree in Public School Administration in May 2001. [read post]
30 Jul 2013, 12:34 pm by James L. Higgins
Similarly, the plaintiff argued that it would be unduly burdened by an order requiring that it produce batch-by-batch quality control data from pre-2006 testing, but the Court found that the argument was “brief,” “not particularly specific,” and moreover did “not provide the Court with enough detail regarding the likely time, cost or effort associated with the proposed search, sufficient to conclude that the request is unduly burdensome . . . . [read post]
13 Jun 2018, 4:03 pm by Kevin LaCroix
Indeed, in paragraphs 100 through 118 of the complaint, the plaintiff provide factual assertions to try to show that each part of the four-part test have been met. [read post]
20 Dec 2017, 10:37 am by Schachtman
The reader of Judge Ericksen’s opinion never learns what statistical test was used by Professor Holford, what justification was needed but allegedly absent for the test, why the justification was contested, and what other test was alleged by plaintiffs to have been a “better” statistical test. [read post]
30 May 2007, 8:46 am
Indeed, Reynolds' instruction that courts are to weigh a plaintiff's showing of need for particular evidence in determining how deeply to probe the government's claim of privilege is rendered wholly meaningless when the privilege is invoked before any request for evidence has been made. [read post]
7 Jul 2021, 4:00 am by Administrator
Canada Post Corporation, 2021 ONSC 4528 (CanLII) [42] The plaintiff takes the position, and I agree, that the effect of Reg. 73/20 was to extend any running limitation period by 183 days. [read post]
25 Jul 2008, 4:35 pm
The personal injury attorneys for the plaintiffs say that McLean "dramatically overstated findings" from tests and persuaded his patients to undergo surgeries they did not require. [read post]
10 Jul 2023, 9:31 am by Tobias Lutzi
In particular, Brilmayer and others predict that the use of open-ended standards, such as the Restatement Second’s “most significant relationship” test, will enable judges to decide disputes in biased ways, including a bias in favor of plaintiffs. [read post]
10 Apr 2012, 4:29 am
 The TCLP test is broadly used under CERCLA and in state superfund programs. [read post]
14 May 2020, 1:24 pm by Erin Napoleon
According to the Oregon Department of Corrections, 101 adult prisoners tested positive for the virus, while 28 staff members had tested positive for the virus. [read post]
25 Jul 2008, 4:35 pm
The personal injury attorneys for the plaintiffs say that McLean "dramatically overstated findings" from tests and persuaded his patients to undergo surgeries they did not require. [read post]
18 Mar 2011, 11:32 am
Of interest was the Court of Appeal's application of the unconscionability test that the California Supreme Court approved in Armendariz v. [read post]
19 Aug 2007, 7:32 am
The toy lawsuits could test the ability of plaintiffs to bring these cases. [read post]
23 Oct 2009, 8:03 am
Doe ruling closely in requiring notice, an opportunity to respond, a showing of legal sufficient, as well as evidence of wrongdoing, and  then applying an express balancing test once the other aspects of the test were met. [read post]
28 Oct 2008, 2:00 pm
In Meyer, the Fourth District Court of Appeal held that Proposition 64 created a two-part, standing test, and applied that test to bar claims by plaintiffs who were unable to show that the defendant had attempted to enforce the unlawful and unconscionable provisions in their agreements. [read post]
2 Jan 2008, 3:18 pm
., a case in which a lower court held that an employer does not have a duty to accommodate an employee's disability by permitting him to use illegal drugs, even if the drug is marijuana used for medical purposes pursuant to California's Compassionate Use Act (which protects medical marijuana users from criminal liability).In that case, plaintiff was offered a job and worked for 8 days before his employer learned he had tested positive for marijuana and thus failed a… [read post]
17 Apr 2009, 7:17 am
    What this means in the world of toxic torts:  they undertake challenge testing of a plaintiff or decedent's DNA, exposing the DNA to the chemicals alleged to have made him or her sick. [read post]
28 Sep 2011, 1:04 pm by Bexis
Sept. 28, 2011), the Ninth Circuit held that a claim that a contact lens solution manufacturer should have tested its product against a particular microorganism was preempted.Here's the reasoning, in a nutshell. [read post]