Search for: "Test Plaintiff"
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26 Sep 2010, 2:46 pm
He failed to meet that test, as no evidence was presented showing that race or age played a role in filling these positions. [read post]
10 Feb 2020, 4:06 pm
In opposition, the plaintiffs produced an expert affirmation that raised a triable issue of fact as to whether the defendant hospital deviated from the standard of care, by stating that the minor plaintiff displayed symptoms that warranted further testing to determine if she had viral encephalitis. [read post]
2 Jul 2007, 12:06 am
City of New York, 356 F.Supp. 277 (S.D.N.Y.2004) (plaintiffs' status as bike ride participants did not render claims "part of the same case or controversy" because the federal claim involved events which occurred during the bike ride whereas the state law claim involved events which occurred before the bike ride).. . .Plaintiff cites to the Second Circuit's holding in Ford Motor Credit Co., 358 F.3d at 213-214, in support of her argument that the employment… [read post]
28 Aug 2020, 4:41 pm
But Palin also argued that the "actual malice" test set forth by New York Times v. [read post]
29 May 2011, 9:37 am
Plaintiffs filed a class-action suit for negligence, battery, trespass and private nuisance against DuPont, and sought monetary damages and an injunction to require long-term diagnostic testing and medical monitoring of residents affected by the contaminated water -- in order to determine if there are any latent diseases caused by the presence of PFOA in the water. [read post]
25 Apr 2011, 1:25 pm
The plaintiffs also sought injunctive relief to obtain long-term diagnostic testing (medical monitoring) for latent diseases on behalf of a class of Water Department customers exposed to PFOA beginning in 2005. [read post]
23 Jan 2013, 12:37 pm
” With this statutory framework in mind, the Court dismissed Plaintiff’s claim, finding that “the insurmountable hurdle faced by Plaintiff is that Plaintiff did not receive any payment – or anything arguably close – that could constitute ‘wages’ under Section 193. [read post]
30 Mar 2021, 3:23 pm
The court stated that in evaluating which state’s laws apply, a Florida federal court will employ the most significant relationship test. [read post]
1 Oct 2009, 1:28 pm
Adelman, alleging that the physician failed to order further testing after he discovered a small node during her examination in June 2003. [read post]
10 Aug 2022, 4:13 am
This claim passed the Rule 12(b)(6) sufficiency test. [read post]
12 Feb 2021, 11:00 am
The plaintiff suffered losses due to the injury. [read post]
5 Jun 2019, 9:04 am
When he presented to the defendant hospital for further treatment, his belief was that his medical issues were caused by a sexually transmitted disease; however, all of his STD tests came back negative. [read post]
30 Nov 2010, 3:07 am
Moreover, the plaintiff says that to interpret pollutants to include something that occurred during the intended and normal use of the insured’s dwelling heating system fails the common sense test for determining what is “pollution”. [] The plaintiff also argues that the particular language of the pollution exclusion is, applying proper principles to the construction of insurance policies, not… [read post]
19 May 2010, 4:36 am
The test according to the Supreme Court of Canada, is “where the dispute, regardless of how it may be characterized legally, arises under the collective agreement, then the jurisdiction to resolve it lies exclusively with the labour tribunal and the courts cannot try it. [read post]
1 Mar 2019, 9:09 am
The Defendant’s Treatment of Plaintiff Allegedly, the plaintiff, who is intellectually disabled, visited the defendant doctor to obtain results of blood and urine tests. [read post]
16 Jan 2019, 8:04 am
In deciding whether the plaintiff was an employee or an independent contractor, the federal district court applied an economic-reality test, questioning whether the plaintiff was so dependent upon the defendants as to come inside the protection of FLSA or whether she was sufficiently independent to be outside the ambit of the relevant statute. [read post]
17 Aug 2024, 2:06 pm
Prerequisites to Filing Medical Malpractice Claims The court reviewed the defendant’s motion to dismiss under the standard that tests the sufficiency of the complaint. [read post]
6 Feb 2013, 7:38 am
The initial plaintiffs included women who wanted to get tested for their risk of inheriting mutations predisposing them to breast and ovarian cancer, their physicians, the laboratories that would do such testing, and organizations representing those constituencies. [read post]
23 Nov 2020, 4:04 pm
While Plaintiff could ultimately prevail on his claims, on the record currently before the Court, Plaintiff has not satisfied the first prong of the preliminary injunction test in making a clear showing that he is likely to succeed at trial. [read post]
21 Jun 2024, 5:24 am
All told, the Pickering balancing test weighs against the plaintiffs’ speech being protected. [read post]
