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6 Dec 2016, 9:04 am
Conversely, Nevada, Texas, and 19 other plaintiff states argue that the salary thresholds do not reflect the character of work that employees perform and that the regulations will result in significant costs for public and private employers. [read post]
6 Dec 2016, 5:46 am
Endnote: In a concurring opinion, Judge Hamilton notes that the plaintiffs were non-scholarship athletes in a non-revenue-generating sport (UPenn Track and Field). [read post]
6 Dec 2016, 12:10 am
Plaintiff's Reply Brief in Support of its Motion for Partial Summary Judgment, Freedom Path v. [read post]
5 Dec 2016, 7:42 pm
And, she added, asking plaintiffs to submit their own maps can impose a significant burden. [read post]
5 Dec 2016, 11:29 am
The plaintiffs argue that Patricia J. [read post]
5 Dec 2016, 9:02 am
” With this goal in mind, a two-part test for determining whether admiralty jurisdiction exists over a tort action has been developed, but in its evaluation of Plaintiff’s claim, the district court did not make it past the first requirement: the tort must occur on navigable waters or be caused by a vessel on navigable waters. [read post]
5 Dec 2016, 8:11 am
Additional Resources: Man dies after hunting accident in Union Co., November 12, 2016, By Scottie Kay Auton, CBS News 7 More Blog Entries: Eye Test as Means to Test for Concussion and Brain Injury, July 23, 2016, Boston Brain Injury Lawyer Blog The post Liability in Hunting Accident Death appeared first on Boston Personal Injury Attorney Blog. [read post]
5 Dec 2016, 8:11 am
Additional Resources: Man dies after hunting accident in Union Co., November 12, 2016, By Scottie Kay Auton, CBS News 7 More Blog Entries: Eye Test as Means to Test for Concussion and Brain Injury, July 23, 2016, Boston Brain Injury Lawyer Blog The post Liability in Hunting Accident Death appeared first on Boston Personal Injury Attorney Blog. [read post]
5 Dec 2016, 8:00 am
PoP Analysis Upjohn rejected the narrow, so-called “control-group test” and adopted the subject-matter test, which holds that the privilege protects communications between employees—no matter their level—and corporate counsel so long as those communications pertain to the subject matter or scope of the employee’s duties. [read post]
5 Dec 2016, 8:00 am
PoP Analysis Upjohn rejected the narrow, so-called “control-group test” and adopted the subject-matter test, which holds that the privilege protects communications between employees—no matter their level—and corporate counsel so long as those communications pertain to the subject matter or scope of the employee’s duties. [read post]
5 Dec 2016, 7:06 am
Plaintiff Robert Florian suffered a severe leg injury while working as a logger. [read post]
5 Dec 2016, 7:06 am
Plaintiff Robert Florian suffered a severe leg injury while working as a logger. [read post]
5 Dec 2016, 6:50 am
A discretionary ruling of a trial judge should be disturbed only when the decision fails to satisfy this test of reasonableness. [read post]
5 Dec 2016, 1:30 am
Furthermore, for those wanting to "catch up" on what this case is all about, the plaintiffs’ opposition brief provides a nice recap of the medical malpractice claims. [read post]
4 Dec 2016, 9:51 pm
Because Plaintiff-Appellant’s claim of an ongoing regulatory taking was moot, and its temporary takings claim failed to satisfy the Williamson County test, the court affirmed the district court’s dismissal of this action. [read post]
3 Dec 2016, 6:28 am
The plaintiff filed a medical malpractice lawsuit following her injury against surgeon B. [read post]
2 Dec 2016, 12:18 pm
The test for substantial compliance is “the significance of the plaintiff’s errors and omissions and whether the defendant was prejudiced by the plaintiff’s noncompliance. [read post]
2 Dec 2016, 12:02 pm
Niven confirmed that he sees it as a “but-for” sex test. [read post]
2 Dec 2016, 11:10 am
Either way, however, zealous and often successful private plaintiff and DOL enforcement of other elements of the While Collar Exemption and other FLSA requirements makes it imperative that employers be prepared to produce the necessary proof to defend their payment of any worker on a salaried basis as well as.compliance with all minimum wage, overtime, record keeping and other FLSA requirements. [read post]
2 Dec 2016, 8:23 am
The Plaintiffs in Texo, a group of trade organizations and companies, sought to enjoin the DOL and OSHA from enforcing these subparagraphs because they are “unlawful to the extent that they prohibit or otherwise limit incident-based employer safety incentive programs and/or routine mandatory post-accident drug testing programs. [read post]
