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28 Jan 2021, 9:32 am
But the court’s two-part holding (in favor of the plaintiffs on both counts) was just too impactful for a single blog. [read post]
20 Jun 2011, 4:15 am
Michael Gerrard in the Columbia Law School Climate Blog suggests that some plaintiff group probably will test that on remand and they’ll have to survive what’s likely to be a vigorous preemption battle in the lower courts. [read post]
1 Sep 2023, 7:45 am
Consider the plaintiffs' experiences. [read post]
10 Feb 2012, 2:05 pm
When corporations manufacture products that are marketed to consumers, those companies are responsibility for ensuring that the merchandise meets all safety requirements; companies are expected to test their products before distributing them to the public, and when those products are unsafe and cause harm to customers, the corporation may be held legally responsible for the injuries caused. [read post]
13 Dec 2011, 4:00 am
See Our Related Blog Posts: Family of Injured Boy Seeks Approval of $30M Award in Birth Injury Lawsuit New Test to Detect Heart Defect Birth Injuries [read post]
29 Nov 2014, 11:28 am
Kerin alleged four caused of action predicated on Massachusetts law against the manufacturer- based on the notion of CSST’s susceptibility to lightning strikes: “strict liability for design and manufacturing defects, negligence in design[ing] and failing to test the product, negligence in failure to warn, and strict liability in failure to warn. [read post]
27 Mar 2015, 7:17 am
Rather, the Court announced a new standard for pregnancy discrimination, finding that under the traditional McDonnell Douglas burden-shifting approach, when it comes time for the plaintiff to show pretext: “We believe that the plaintiff may reach a jury on this issue by providing sufficient evidence that the employer’s policies impose a significant burden on pregnant workers, and that the employer’s ‘legitimate, nondiscriminatory’ reasons are not… [read post]
10 Jun 2009, 11:05 am
Plaintiff seeks injunctive relief. [read post]
16 Jan 2024, 3:39 am
Under the standard tripartite test for such interim relief, the court was required to assess whether the claimant alleging oppression established a likelihood of success on the merits of the claim. [read post]
6 Nov 2014, 7:29 am
And an Illinois plaintiff whose suit they joined had settled her claims with the employer — leaving only the two sole party plaintiffs to appeal summary judgment in the employer’s favor on their FLSA claims. [read post]
9 Dec 2009, 8:00 am
Chiquita pressed that the rule set forth in Presbyterian Church of Sudan suggests a "purpose test" in order to prove aiding and abetting, which plaintiffs have failed to allege. [read post]
17 Jun 2014, 1:34 pm
This sentence appears to establish a disjunctive test – i.e., that it is sufficient for the plaintiff to prove either that the threatened injury is “certainly impending” or that there is a “substantial risk” of the injury. [read post]
9 Jun 2016, 5:51 am
Section 9026.5 does not restrict Plaintiffs’ own expressive activity. [read post]
22 Dec 2012, 11:24 am
The need for such discovery in this regard to provide the tools and information to test the truth of the claims or defenses presented by the opposing party's expert on cross-examination runs up against the attorney work-product doctrine that arguably protects from disclosure the theories and opinions on the case given by the attorney to his or her expert. [read post]
15 Nov 2013, 11:34 am
The court did, however, deny the plaintiff’s further request to dragoon the defendant into serving, in effect, as plaintiff’s expert. [read post]
28 Dec 2012, 1:57 pm
Nor is there a duty to test a product in the absence of any knowable risk. [read post]
21 Dec 2012, 11:41 am
After Mensingwe couldn’t see how the plaintiff could retain this $20 million+ verdict, but the First Circuit found a way – a bad way, but a way. [read post]
24 Feb 2012, 1:07 pm
The plaintiffs further argued that Dilts was an “outlier decision” and was “wrongly decided”, but the Court disagreed, finding that Dilts applied a novel test enunciated by the Ninth Circuit in ATA II to cover a previously unanswered question regarding FAAAA preemption. [read post]
18 Aug 2009, 10:01 pm
LEGAL STANDARD FOR DEMURRER The function of a demurrer is to test the sufficiency of a Plaintiffs pleadings by raising questions of law, such that the Plaintiff must show that the Complaint alleges facts sufficient to establish every element of each cause of action. [read post]
15 Sep 2017, 8:07 am
The Third Circuit has defined a five-part test for establishing a hostile work environment based on race: the plaintiff experienced (1) intentional discrimination based on race (2) that was “severe or pervasive,” (3) that “detrimentally affected the plaintiff,” (4) that would have a comparable effect on “a reasonable person” in a similar situation, and (5) that occurred in a situation in which respondeat superior liability… [read post]
