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10 Mar 2017, 8:47 am
Their two-year-old was then tested and found to have extremely high lead levels. [read post]
28 Apr 2017, 6:51 am
This four-fact test, however, isn’t as useful in the student athlete context, noted the court, so the focus would be on the “true nature of the relationship. [read post]
24 Oct 2010, 11:24 am
The court is reluctant to recognize a new privilege but nevertheless looks at the test for when a privilege applies. [read post]
12 May 2010, 11:34 am
Id. at *21.The second category of experts under attack were a couple of bioengineers the plaintiffs invited to the party; these doctors examined ObTape samples, tested those samples, and formulated opinions based on those observations, the experts’ training and experience, and “review of the relevant scientific literature. [read post]
26 Mar 2009, 5:04 am
The district court agreed with plaintiffs, and found that the typicality test had been met, id., at 10. [read post]
23 Dec 2019, 4:00 am
“I have many clients who have decided to not test for marijuana,” at least at the pre-hire stage, for nonsafety-sensitive positions, she added.Employers who do conduct drug testing should work with their medical review officers and drug testing companies, and set up protocols that provide an expert’s independent judgment on the issue if the candidate tests positive, she said.The employer should then engage in an interactive process with the… [read post]
26 Aug 2014, 12:30 am
On breach of confidence it could be argued that the Court of Appeal has raised the bar in New Zealand for the first Coco test in appeari [read post]
13 Dec 2009, 6:26 am
Endnotes [1] The plaintiffs described a three-way circuit split in the application of the “conduct test. [read post]
5 Mar 2013, 10:41 am
Contrary to plaintiffs’ argument, Iqbal’s plausibility test is applicable to all civil actions including those against municipalities. [read post]
17 Nov 2009, 10:01 pm
(Again, note that this test is usually only applied to §43(a)(1)(B) false advertising claims, though if you are going to do the ridiculous antitrust-based prudential standing test that has attracted so many circuits then it’s a little less silly to apply it to both branches than applying a competition requirement.) [read post]
2 Mar 2015, 6:42 am
The case, as I argued then and still deeply believe, is textualism's biggest test yet. [read post]
18 Nov 2019, 2:17 pm
She underwent diagnostic testing, which reportedly revealed no evidence of malignancy. [read post]
26 Apr 2023, 9:20 am
Let’s say that the expert used a new, relatively unproven lab test to back up their conclusions. [read post]
28 Dec 2021, 11:01 am
Chemical testing revealed that he had a blood-alcohol level that was three times the legal limit. [read post]
5 Jun 2012, 10:58 pm
The First Department held that "[i]n this case" the motion court erred in finding that the primary care physician had an independent duty to assess the plaintiff's condition and order diagnostic testing such as a biopsy. [read post]
4 Mar 2019, 9:24 am
The plaintiff’s mother filed a timely administrative claim with the Federal Highway Administration (FHWA) claiming that a highway barrier that had failed during the accident was not adequately tested or approved for use. [read post]
5 Jun 2012, 11:13 pm
The First Department held that "[i]n this case" the motion court erred in finding that the primary care physician had an independent duty to assess the plaintiff's condition and order diagnostic testing such as a biopsy. [read post]
19 Jan 2022, 4:34 am
Landicino, the limits of continuous representation were tested, and plaintiff lost. [read post]
12 May 2020, 6:07 am
Specifically, the plaintiff alleged that the defendant failed to render the treatments in a professional or competent manner and failed to properly test the plaintiff prior to performing the treatment. [read post]
28 Sep 2010, 5:12 am
Martyny’s theory had not been appropriately tested. [read post]
