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17 Mar 2010, 12:23 pm by K&L Gates
  Citing First Amendment considerations, the court denied plaintiff’s motion to compel.The issue of when defendants learned that plaintiff filed an EEOC claim was critical to plaintiff’s claims. [read post]
23 Jun 2011, 12:43 pm by Eric Sigda
At bottom, this makes sense, however, watch for this rationale to be tested further, and perhaps expanded. [read post]
27 Jul 2020, 9:54 am by Christopher Simon
The court began by noting that Georgia law allows the admission of a medical narrative as long as it “purports to represent the history, examination, diagnosis, treatment, prognosis, or interpretation of tests or examinations. [read post]
6 Nov 2009, 1:52 am
The cause test will have an impact primarily, if not solely, in the foreign-cubed context where there is a foreign plaintiff. [read post]
4 Jun 2018, 3:04 pm by Eugene Volokh
What does the decision to sue over this reveal about the character of the plaintiff? [read post]
17 Nov 2015, 6:46 pm by Stephen Bilkis
A Nassau County Family Lawyer said the Court is cognizant of the recent decision by the New York Court of Appeals where the traditional concept of collateral estoppel was replaced by the full and fair opportunity test in applying the doctrine. [read post]
11 May 2020, 5:21 pm by Amy Grenon (CA)
Test for Interlocutory Injunction is Satisfied Exaltexx’s evidence included an affidavit from its Chief Financial Officer and correspondence with the various Third Party Companies. [read post]
12 Feb 2014, 7:31 am by Kelly Phillips Erb
And Alban says that the the Loving plaintiffs certainly wouldn’t oppose voluntary certification. [read post]
12 May 2014, 11:40 am
Howarth engaged in behavior which Defendants “IPP” describes as lacking in candor, and which Plaintiffs, “Dairies” describe as aggressive cross-examination of the expert witness. [read post]
11 May 2020, 5:21 pm by Amy Grenon (CA)
Test for Interlocutory Injunction is Satisfied Exaltexx’s evidence included an affidavit from its Chief Financial Officer and correspondence with the various Third Party Companies. [read post]
15 Feb 2023, 3:00 am by Written on behalf of Peter McSherry
    Court concludes that plaintiff was constructively dismissed Acknowledging that an abusive work environment can lead to a constructive dismissal, the Court applied the test set out in Shah v Xerox Canada Ltd. [read post]
15 Feb 2023, 3:00 am by Written on behalf of Peter McSherry
    Court concludes that plaintiff was constructively dismissed Acknowledging that an abusive work environment can lead to a constructive dismissal, the Court applied the test set out in Shah v Xerox Canada Ltd. [read post]
16 Mar 2012, 8:00 am by Steven G. Pearl
Plaintiff Kimbly Arnold worked as a nonexclusive insurance agent for Mutual of Omaha Insurance Company (Mutual). [read post]
9 Dec 2014, 12:12 am
To win the case before the Ninth Circuit, the plaintiff needs to win on three basic questions: 1) did the plaintiff have standing; 2) did a search occur; and 3) was the search constitutionally unreasonable. [read post]
22 Jul 2018, 4:26 pm by Kevin LaCroix
” Parkcentral’s test for whether a claim is “so predominately foreign as to be impermissibly extraterritorial” is an “open-ended, under-defined, multi-factor test, akin to the vague and unpredictable tests that Morrison criticized and endeavored to replace. [read post]
15 Jan 2010, 8:54 pm by alexkorotkin
Once plaintiff learned of the existence of the child, he petitioned the court for an order directing paternity testing. [read post]
16 Jan 2015, 3:57 pm by Cicely Wilson
Grimaldi test does not apply to plaintiffs’ right-of-publicity claims; and EA has not established a probability of prevailing on its incidental use defense.Read More: Electronic Arts Must Face Ex-Players’ Case Over Madden GamesCity of San Jose v. [read post]