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15 Nov 2010, 5:00 am
Therefore, despite their domestic purchase on an American exchange by U.S. investors, the Exchange Act is inapplicable under Morrison’s “transaction test. [read post]
21 Sep 2016, 8:00 am
After receiving a positive pregnancy test, healthcare workers at Erie inquired where Yarbrough would receive prenatal care. [read post]
24 Jan 2012, 1:18 pm
The Court also made a number of interesting findings and observations regarding the legal test for parties seeking to strike a claim, when directors and officers may be held personally liable and, perhaps most interestingly, the evidentiary burden in conspiracy cases and role of circumstantial evidence in establishing a conspiracy: Legal test to strike a claim: “The combined application of these principles creates a ‘stringent’ legal test for defendants… [read post]
23 Jan 2012, 2:07 pm
The Court also made a number of interesting findings and observations regarding the legal test for parties seeking to strike a claim, when directors and officers may be held personally liable and, perhaps most interestingly, the evidentiary burden in conspiracy cases and role of circumstantial evidence in establishing a conspiracy: Legal test to strike a claim: “The combined application of these principles creates a ‘stringent’ legal test for defendants… [read post]
12 Jan 2024, 7:04 am
It then applied a three-part test set out in Kremen v. [read post]
21 Sep 2016, 8:00 am
After receiving a positive pregnancy test, healthcare workers at Erie inquired where Yarbrough would receive prenatal care. [read post]
15 Nov 2017, 6:01 am
Functionally similar test. [read post]
19 Mar 2019, 11:14 am
The defendants manufactured equipment for ships for the US Navy, on which the plaintiffs served. [read post]
1 May 2009, 11:50 am
The federal government can choose to step in, but if it does not, the plaintiff is free to continue, acting as a private prosecutor in the public's interest. [read post]
6 Aug 2012, 10:58 am
There are six or seven holdings which vacate summary judgment because the plaintiffs could win at trial.If you're not a due process junkie, here are some highlights: the drivers did not have fair warning that they could lose their jobs if they fail a drug test. [read post]
21 Mar 2012, 12:36 pm
Drennen met the burden by identifying the initials of six patients on whom the tests were performed, the type of hepatitis tests performed, and the time period, location, and costs of the tests. [read post]
22 Feb 2012, 9:59 am
The ACLU and the Public Patent Foundation, which represents the plaintiffs, have petitioned the Supreme Court to hear an appeal of the case. [read post]
17 Aug 2010, 8:43 am
We hold today that the exclusive test in a products liability design case is the risk-utility test with its requirement of showing a feasible alternative design. [read post]
22 Feb 2012, 9:59 am
The ACLU and the Public Patent Foundation, which represents the plaintiffs, have petitioned the Supreme Court to hear an appeal of the case. [read post]
15 Oct 2014, 9:50 am
Mays & Kerr represents both plaintiffs and defendants in employment matters, including employment discrimination, wage and hour, FMLA, and more. [read post]
21 Jul 2008, 7:08 am
View the article here 07/21/2008 Columbia County woman puts state law to the test ATLANTA - Ongoing litigation over the state's stringent restrictions on sex offenders recently opened up a new wrinkle in the controversial law. [read post]
5 Jul 2010, 9:01 am
Plaintiff had an artificial cervical disk (called "ProDisc") inserted, even though it had not yet been approved by the FDA, because he read that it had gone through rigorous testing, including by the doctor he eventually selected to be his orthopedic surgeon. [read post]
18 Feb 2016, 4:57 am
It held that the Rickey zone-of-danger test “does not apply to the instant case, as the plaintiff was a direct victim and not a bystander. [read post]
4 Nov 2019, 5:20 am
Subpart D didn’t compel the tests; it merely permitted and immunized them. [read post]
28 Dec 2013, 1:57 pm
Still, the deputy asserts that he did not have reasonable suspicion or probable cause to ask the woman to perform a field sobriety test, much less arrest her. [read post]
