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2 Aug 2015, 8:49 am
There is also an additional test as to whether the third party plaintiff is in the zone of danger. [read post]
17 Jan 2024, 4:30 am
The DOL posits that the new test aligns with decades of case law. [read post]
6 Mar 2012, 7:17 am
The Plaintiff brought an application to have these produced. [read post]
15 Jul 2010, 5:08 am
Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), to strike plaintiffs’ expert report on the grounds that the expert’s “wobble decay standard was unreliable because it was not supported by empirical testing, was not developed through a recognized standard-setting procedure, was not generally accepted in the relevant scientific, technical, or professional community, and was not the product of independent research. [read post]
3 Jan 2017, 6:23 am
So what happens if the defendant is clearly negligent in causing an injury to plaintiff, but the plaintiff might not have been injured if he or she was wearing a helmet, for example? [read post]
19 Jul 2011, 1:26 pm
(collectively, Omya) motion to dismiss all claims related to AEEA because plaintiffs had failed to satisfy the citizen suit notice requirements of RCRA. [read post]
10 Jan 2007, 12:32 am
According to these groups, the Seventh Circuit's scienter test moves in the opposite direction from that chosen by Congress, significantly easing plaintiffs' burden and thereby encouraging the abusive strike suits that the PSLRA set out to prevent with heightened pleading requirements. [read post]
26 May 2011, 8:08 am
Bailey was not receiving the results of those medical tests. [read post]
22 Jan 2008, 4:21 am
Plaintiffs appealed, and the Seventh Circuit affirmed. [read post]
23 Oct 2008, 1:09 am
Jones "effects test. [read post]
25 Sep 2018, 10:11 am
After the pre-employment drug test came back positive, the plaintiff was not hired. [read post]
3 Jun 2011, 2:57 am
To the extent that the plaintiffs "wish[ ] to test the merits of the proposed added . . . defense, [they] may . . . move for summary judgment upon a proper showing" (Lucido v Mancuso, 49 AD3d 220, 229). [read post]
30 Mar 2011, 8:52 am
According to the Complaint, the defendant allegedly misrepresented the capabilities of the Roadster, including purportedly stating the vehicle had a 55-mile battery range, rather than the plaintiff's claimed 200-mile range; that Top Gear falsely claimed the brakes on a particular Roadster were broken; and that another tested vehicle alleged overheated, which the plaintiff denies. [read post]
19 Feb 2008, 8:29 pm
These samples will be tested for the prevalence and level of E. coli O157:H7. [read post]
11 Jun 2013, 10:14 am
The lawsuit is also brought on behalf of all individuals who required testing for hepatitis A after consuming the Townsend Farms product. [read post]
28 Mar 2012, 4:56 pm
Rick has also been the lead plaintiff in a lawsuit seeking a database from the State Bar of California; experts on both sides of the affirmative action debate agree that the California Bar data would provide uniquely powerful tests of Rick’s “mismatch” hypothesis. [read post]
19 Oct 2009, 4:51 pm
Noting a relative dearth of precedent governing discovery of electronically stored information in Pennsylvania, Charles drew on the decisions of federal courts and recent changes to Federal Rule of Civil Procedure 34 to arrive at a balancing test that weighs the defendant's right to privacy against the plaintiff's desire to determine the truth. [read post]
29 Mar 2011, 4:05 am
Two other of the plaintiffs are a couple engaged to be married seeking to have a secular ceremony in a romantic location of their choosing.UPDATE: Here is the full text of the complaint in Martinez v. [read post]
13 Mar 2007, 5:07 pm
Under the test elaborated in Groves v. [read post]
16 Feb 2009, 6:30 am
However, if a motor vehicle operator unreasonably refuses a blood alcohol test required by §18.2-268.2, then a plaintiff still may prove intoxication by the operator's conduct or condition. [read post]
