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1 Mar 2010, 5:52 am
” Plaintiff appealed. [read post]
23 Oct 2007, 5:26 am
The court also found that the superiority test was met, id., at 41-42, and so granted plaintiffs’ motion to certify a Kansas class action under the state’s labor laws, id., at 42, and under plaintiffs’ common law claims of rescission, unjust enrichment and quantum meruit, id., at 45. [read post]
21 Aug 2014, 6:16 am
Under this test, an intern’s employment status turns on which party received the greater benefit from the internship — the intern or the company. [read post]
24 Oct 2008, 3:33 am
The three foreign plaintiffs appealed. [read post]
22 Jun 2007, 9:06 am
Maybe Stevens proposed a test more pro-plaintiff than Ginsburg’s. [read post]
28 Jun 2009, 5:44 pm
ADEA plaintiffs now need to meet a more exacting “but for” test to prove their claims, and they have the burden of persuasion in all cases, including mixed motive cases. [read post]
16 May 2017, 1:23 pm
The court had found that a physician who relied on several other types of tests in another car accident case, in which the plaintiff there had also been involved in a prior accident and had a pre-existing condition, had an insufficient basis for his conclusion. [read post]
16 Oct 2014, 6:49 am
Plaintiffs then recite other possible causes of loss, such as lightning strikes, the CSST gas line that was discovered with holes in it, and the mineral spirits that were found in the home after testing by Defendant's experts. [read post]
19 Apr 2012, 7:59 am
Greenwald is a psychology professor who claims to have invented the famous (some would say infamous) Implicit Association Test (IAT). [read post]
18 Apr 2012, 1:29 pm
A lay juror is simply not equipped to evaluate the performance of a fentanyl patch, based solely on an interpretation of postmortem toxicological testing. [read post]
31 Mar 2020, 2:30 pm
.,2020) Plaintiff (wife) and defendant (husband) were married in 1996 and were the parents of a son (born in 1994) and a daughter (born in 1999). [read post]
29 Apr 2015, 1:18 am
Accordingly, the BBC asked for discovery of all the licence agreements granted by the plaintiff under the patents. [read post]
3 Jan 2013, 8:42 am
In denying the defendant’s application, the judge stated: “There is not enough evidence for the Plaintiff to determine that there is a prima facie case with what The Plaintiff have before the Plaintiff. [read post]
7 Mar 2014, 9:58 am
., seems certain to test this proposition with its incredibly sympathetic facts. [read post]
27 Jun 2017, 11:23 am
As I wrote about this prospect: [A] “test” so amorphous probably just boils down to whether five justices believe judicial review under the Constitution is, in their estimation, salutary in a given context. [read post]
28 Sep 2015, 10:05 pm
The district court applied the “totality-of-the-circumstances” iteration of the DOL six-factor test, and granted the plaintiff’s motion for summary judgment, ruling that Glatt and his co-plaintiffs did not fall within the FLSA’s unpaid trainee exception. [read post]
22 Jun 2016, 12:14 pm
The plaintiffs in McFeeley were exotic dancers who worked at “Fuego” and “Extasy. [read post]
23 Mar 2010, 2:13 pm
Richardson, establish a causal connection between the accident and the plaintiff’s ongoing shoulder pain, and establish, as fact, the contribution of injuries sustained in the accident to the present condition of her shoulder. [79] The plaintiff’s shoulder pain has persisted, largely undiminished, from the time of the accident. .. [82] I find that the accident is a significant contributing factor to her shoulder injury, and that the plaintiff has… [read post]
Duty to Provide Appropriate Medical Care – An Unexpected Source of Liability for Jones Act Employers
10 Apr 2019, 12:43 pm
At Teche Regional, plaintiff’s attending physicians failed to diagnose plaintiff’s condition as a stroke as a result of failing to perform the proper diagnostic testing. [read post]
15 Nov 2013, 2:21 pm
But it remanded because the district court erroneously required substantial similarity between the marks, and similarity was only one of six factors in the blurring test (though one would think it’d be a damned important one, since most of the others just go to the fame of the plaintiff’s mark!). [read post]
