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30 Dec 2021, 4:30 am by Mark Tabakman
A new FLSA class action seeks to test this truism as two Texas CBD shops are being sued by workers who allege the employer(s) avoided overtime by paying workers with two separate checks. [read post]
12 Feb 2012, 4:13 am
The severity of his injures was soon realized after diagnostic tests were performed. [read post]
22 Jun 2011, 7:11 am by emagraken
Where credibility is a significant issue it should generally be decided on the whole case, not on the fraction of it, unless the test for severance has specifically been met. [read post]
4 Jan 2022, 7:08 am by Andy Nikolopoulos
A new FLSA class action seeks to test this truism as two Texas CBD shops are being sued by workers who allege the employer(s) avoided overtime by paying workers with two separate checks. [read post]
13 Dec 2017, 11:04 am by Kristoff Coates
Among the claims against Swagelok are that the company negligently designed, manufactured, tested, and inspected the hose assembly, allowing the hose to separate from its fitting, releasing natural gas and causing the explosion. [read post]
12 Jan 2011, 4:30 am by Kevin Couch
However, sodium may head the way of the trans fat, as there is an increasing awareness and governmental pressure to force reduction of sodium in food.DeBenedetto may merely have been a test case to see how the courts would react to such claims. [read post]
23 Jun 2010, 1:30 pm by Embassy Law
The court agrees that under the core commercial function test the IRGC is a government entity, not a separate legal person. [read post]
15 Aug 2020, 4:29 am by Joel R. Brandes
After testing revealed respondent to be the father of the child, the court entered an order of filiation. [read post]
18 Jul 2011, 4:00 am by Steve McConnell
She had not.-- Some of the experts also relied on plaintiff attorneys' erroneous representations that test results showed that the defendant's tacrolimus suspension was subpotent. [read post]
14 Nov 2023, 9:39 am by Eugene Volokh
For the reasons set forth above, the Undersigned concludes Plaintiff is likely to prevail in satisfying the second step of the Pickering test and that the State's interest in imposing the DEIA regulations and the DEI Competencies and Criteria Recommendations do not outweigh Plaintiff's First Amendment rights. [read post]
6 Sep 2016, 10:03 am by Christopher Simon
Given the law’s newness, many of these contours of the Act’s provisions have yet to be tested through litigation. [read post]
20 Oct 2021, 4:00 am by Administrator
That same regulation also sets out the evidentiary requirements the plaintiff must meet in order to demonstrate he falls within an exception to the general immunity to damages, including that there must be evidence from one or more qualified physicians who conclude the injured person meets the elements of this test and evidence that corroborates the alleged change in function: O. [read post]
27 Jul 2015, 6:25 am
This assessment parallels the reasonable-expectation-of-privacy test articulated by Justice Harlan in Katz v. [read post]
29 Nov 2010, 6:43 am by Sean Wajert
The deadline for submission of Plaintiff Profile Forms is this month, and it is expected that the Forms will be used to help identify appropriate test cases. [read post]
29 Sep 2010, 9:58 pm
Caremore Medical Group, the plaintiff – Maria Theresa Sanchez – came in to the hospital – a CareMore facility - complaining of a severe headache and vomiting. [read post]
28 Mar 2007, 12:24 pm
Justices Stevens, Ginsberg, and -- to a lesser extent -- Beyer lean to letting the district judge read the whole complaint and decide whether, drawing inferences favorable to the plaintiff, it raises a strong inference of scienter. [read post]