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31 Jan 2017, 7:18 am
Instead, the court ruled that, in such a situation, the trial court has the discretion to conduct a balancing test under Tennessee Rule of Evidence 403 to determine whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice. [read post]
2 Feb 2012, 6:12 am
The defendant had numerous arguments for why there was no commonality or predominance, and why plaintiffs failed the typicality and adequacy of representation tests. [read post]
22 Oct 2015, 11:51 am
Despite such clearance, the defendant required her to participate in a “functional capacity evaluation test,” to assess her ability to, for example, lift certain objects and move in certain ways. [read post]
16 May 2011, 6:32 am
Nevertheless, the Court interpreted this Dodd-Frank provision as a conflict preemption test. [read post]
8 Oct 2011, 12:57 pm
Therefore, the plaintiffs failed in their facial challenge to the Indiana Voter ID law. [read post]
22 Mar 2010, 5:54 pm
During surgery, though, a somatosensory evoked potential (SSEP) test was abnormal, indicating that the spinal cord had become dysfunctional. [read post]
21 Apr 2011, 1:34 pm
” (the “Ordinary Observer Test”). [read post]
21 Apr 2011, 1:37 pm
” (the “Ordinary Observer Test”). [read post]
13 May 2022, 8:13 am
The fourth prong of the Miners test, requiring that the plaintiff be an involuntary creditor, was discussed at length in both Mortimer and Seven Springs. [read post]
18 Mar 2011, 10:04 am
Mass. 1986)(granting summary judgment), aff’d, 830 F.2d 1190, 1197 (1st Cir. 1987)(distinguishing between chances that “somewhat favor” plaintiff and plaintiff’s burden of showing specific causation by “preponderant evidence”) DeLuca v. [read post]
21 May 2007, 4:42 am
He did not file the brief himself, but let the dissenting plaintiffs do so. [read post]
24 Feb 2012, 6:25 pm
While it was DEA polygraphers who administered the tests, it was Defendant Metropolitan which coordinated the testing; scheduled the tests; communicated with the employees regarding the tests; presented the order in which the tests would be given; and discharged the employees after they “failed” or refused the test or had inconclusive test results. [read post]
9 Sep 2024, 6:36 am
Iowa’s private-employer drug-testing law, Iowa Code § 730.5., requires that an employer conducting a drug test must obtain a sufficient quantity of the sample to allow for both the employer’s testing and a potential second, independent confirmatory test. [read post]
7 Oct 2010, 8:11 am
Rptr. 3d 277, which reasoned the test for exclusive control has become one of right of control rather than actual control, and a plaintiff need not identify the particular negligent person or the particular instrumentality that cause his or her injuries. [read post]
28 Jun 2021, 3:11 am
[internal quotation marks omitted]; see Flomenhaft v Finkelstein (127 AD3d 634, 637 [1st Dept 2015] [test of pertinence is “extremely liberal”] [internal quotation marks omitted]). [read post]
16 Jan 2012, 7:26 am
Indeed, the plaintiffs assert that the pipeline failed during a hydrostatic test at 756 psi, rupturing in several places and causing the pipeline to twist and coil over the marsh, damaging wetlands and bottom water. [read post]
20 Jul 2022, 10:46 am
“Federal regulators supervising the recall determined that the patch eliminated the vulnerability[, and] [o]ther than the Jeep in the Wired test, no other Chrysler vehicle has been successfully hacked. [read post]
28 Jan 2022, 3:16 pm
Two plaintiffs, paralegals, are now testing these principles. [read post]
22 Feb 2010, 11:45 am
Second, the class action waiver is unconscionable under California law because it satisfies the Discovery Bank test, and California has a materially greater interest than Texas in applying its own law. [read post]
13 Apr 2010, 1:17 pm
However, they still must demonstrate an injury-in-fact to a legally protected interest that is actual or imminent and that satisfies the other prongs of the constitutional standing test. [read post]
