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The Plaintiffs in Texo, a group of trade organizations and companies, sought to enjoin the DOL and OSHA from enforcing these subparagraphs because they are “unlawful to the extent that they prohibit or otherwise limit incident-based employer safety incentive programs and/or routine mandatory post-accident drug testing programs. [read post]
16 May 2012, 3:07 am by Andrew Lavoott Bluestone
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]
26 Oct 2007, 6:38 am
A later decision to terminate the plaintiff was due to his failure of a proficiency test, and not because he complained, the court held. [read post]
5 Feb 2010, 6:58 am
  In this regard, the panelists discussed the well-publicized IMAX decisions of the Ontario Superior Court of Justice, issued in December 2009, which are the first decisions to test certain key aspects of Bill 198. [read post]
19 Nov 2009, 5:37 am
These cases would serve as tests, which may pave the way for eventual settlement of the rest of the claims. [read post]
16 Jun 2012, 5:45 am
Roxborough Memorial Hospital, the plaintiff filed a medical malpractice lawsuit claiming his wife unnecessarily died because a doctor failed to follow up on diagnostic testing ordered for his patient. [read post]
13 Nov 2017, 8:08 am by Neumann Law Group
The plaintiffs argued that the lower court erred when it concluded that the chaperones supervising the elementary school field trip were public employees as a matter of law. [read post]
14 Jun 2022, 11:30 am by Ronald V. Miller, Jr.
At its peak in September 2021, the 3M earplug MDL had 282,902 plaintiffs. [read post]
10 May 2008, 11:43 am
Because the court took the expert's testimony as fact testimony, it did not need to determine if the CPA's testimony passed the Daubert test. [read post]
10 Apr 2010, 10:58 am
Plaintiff opened the door to any defense cross-examination or rebuttal on issue of tests by questioning plaintiff's own experts about it. [read post]
14 Jul 2010, 6:56 am by Law Office of D. Hardison Wood
The Texas jury found Nissan responsible for Plaintiff's injuries. [read post]
13 Nov 2017, 8:08 am by Neumann Law Group
The plaintiffs argued that the lower court erred when it concluded that the chaperones supervising the elementary school field trip were public employees as a matter of law. [read post]
24 Mar 2020, 9:44 am by Jon Brodkin
" As the Legal Information Institute explains, a "but-for test" asks "but for the existence of X, would Y have occurred? [read post]
10 Apr 2010, 10:58 am by Levin & Perconti
Plaintiff opened the door to any defense cross-examination or rebuttal on issue of tests by questioning plaintiff's own experts about it. [read post]
22 Apr 2009, 3:05 pm
" (Click here for the complaint.)This federal lawsuit involves a novel test of the First Amendment. [read post]
30 Sep 2010, 8:54 am by Mark Tabakman
  “It is premature at this early stage, however, to resolve that factual dispute primarily because plaintiff has not yet been provided with discovery sufficient to test defendant's contrary assertion that other LPMs are not similarly situated to plaintiff;” stated the Court. [read post]
12 Feb 2021, 11:29 am by Lindsay C. Demaree
“But because Rule 23(b)(3) requires a balancing test, it does not permit district courts to make administrative feasibility a requirement. [read post]
5 Feb 2010, 10:35 am by Shemia Fagan
The court announced that the same test guiding courts in fraud cases against religious institutions should guide courts dealing with defamation claims against church pastors. [read post]
28 Mar 2023, 4:45 am by Eric B. Meyer
While it’s not a mathematically precise test, I think you can see where we’re heading with this one. [read post]