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24 Mar 2017, 8:00 am by Schachtman
One of the first tests of the judiciary’s performance to perform this role came in the silicone gel breast implant litigation. [read post]
24 Mar 2017, 4:00 am by Sean Vanderfluit
At its simplest, as noted by Rothstein J., the balance of probabilities is a binary test: either something is or it is not. [read post]
23 Mar 2017, 2:14 pm by Seyfarth Shaw LLP
The subcontractor was generally responsible for hiring and firing the plaintiffs; although the contractor threatened a plaintiff with termination for substandard work and actually hired several of the plaintiffs when it needed them on the payroll for insurance policy purposes. [read post]
22 Mar 2017, 6:19 am by Joy Waltemath
While the court resolved the balancing test in favor of the department, it expressly cautioned that a fire department’s interest in maintaining efficiency will not always outweigh the interests of an employee in speaking on matters of public concern. [read post]
21 Mar 2017, 5:13 pm by Jon Katz
Manuel does not mean that plaintiff Manuel will get his full day in trial court, because he first has the statute of limitations law to contend with. [read post]
21 Mar 2017, 12:08 am by emagraken
This was done in order to test whether there had been any complicity with respect to this convenient account of events. [read post]
20 Mar 2017, 11:23 am by Phyllis H. Marcus
Plaintiffs sought certification for two purported classes of consumers: purchasers of Aveeno sunscreen (the “Sun Case”) and purchasers of Aveeno baby washes (the “Bath Case”). [read post]
20 Mar 2017, 11:23 am by Phyllis H. Marcus and Andrew W. Eklund
Plaintiffs sought certification for two purported classes of consumers: purchasers of Aveeno sunscreen (the “Sun Case”) and purchasers of Aveeno baby washes (the “Bath Case”). [read post]
20 Mar 2017, 9:11 am by Steven Boutwell
Any premium in excess of the range cited could potentially expose a corporation’s fiduciaries to an allegation of bad faith, thereby triggering the entire fairness test as the operative standard of review. ____________________________ [1] C.A. [read post]
20 Mar 2017, 7:39 am by Docket Navigator
None of the factors for consideration under either the Panduit test or the two-supplier market test includes contemplation of subjective buying decisions by market participants, which is the information Defendants’ subpoena seeks to elicit. [read post]
19 Mar 2017, 10:02 pm by Barry Barnett
The risks and costs have risen so much that the cases don’t involve enough money to yield the plaintiff (and her lawyer) a net benefit. [read post]
19 Mar 2017, 6:12 am by Cannabis Law Group
At the hospital emergency room, he revealed that he had a prescription for medical marijuana and he tested positive for the drug. [read post]
18 Mar 2017, 1:43 pm by Nassiri Law
Additionally, her mother was diagnosed with breast cancer and tested positive for the genetic mutation. [read post]
17 Mar 2017, 12:17 pm by J. Ross Pepper
Before terminating the plaintiff’s contract, the defendant had supplied Wal-Mart a supplier agreement, Wal-Mart had tested the product, and Wal-Mart and the defendant had agreed on the price for the product. [read post]