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16 Aug 2011, 10:32 pm
She did not test the ramp in wet and dry conditions, and she did not have the ramp inspected by ACI to confirm that it complied with ADA requirements. [read post]
11 Mar 2021, 9:13 am
The evidence submitted by the parties to the court also showed that the defendant had installed a side guard protector and had been testing it. [read post]
11 Aug 2008, 1:00 pm
Bowles’ biomechanical opinion was capable of being tested; 2) that Dr. [read post]
10 Jan 2023, 6:50 am
He neglected to order that the plaintiff be taken to the hospital or to conduct any tests, which plaintiff asserted resulted in a sickle cell crisis. [read post]
10 Nov 2014, 4:41 pm
His complaint asserted four causes of action: negligent failure to warn, strict liability failure to warn, negligent design/failure to test, and strict liability for defects in design and manufacturing. [read post]
17 Jul 2012, 12:19 pm
App. 602, 277 S.E.2d 535 (1981)(holding that an appraiser's duty to third parties include[s] a prospective buyer who reasonably relies upon the outcome of the appraisal.), But the Restatement represents a "more limited standard of liability than a test of forseeability" Op. [read post]
23 Aug 2023, 5:00 am
In doing so, it explained that it employs a two-part test to determine if an employer has immunity under the workers’ compensation law. [read post]
15 Aug 2012, 6:30 am
Named plaintiff Joseph G. [read post]
20 Jul 2011, 1:00 am
Firstly, the Bardal factors have stood the test of time for half a century, and have been repeatedly applied and accepted by trial and appellate courts in determining appropriate notice periods in a wide range of cases. [read post]
11 Feb 2011, 9:52 pm
Because the plaintiffs’ evidence was of an inherently statistical and probabilistic nature, NRDC II is arguably distinguishable from Summers, a case where the probabilistic claims by the plaintiffs were relatively weak and where a future suit by the plaintiffs might present better evidence involving an actual injury. [read post]
13 May 2022, 5:19 am
To meet that burden, the appellant must pass a two-part test: 1) that there is a substantial right, and 2) that deprivation of that right must injure the appellant if it not corrected before the final judgment in the case. [read post]
2 Jan 2019, 7:46 am
Plaintiff’s Treatment Reportedly, on March 18, 2011, the plaintiff underwent a bilateral mastectomy with a first surgeon and immediately after underwent a bilateral breast reconstruction with a second surgeon. [read post]
15 Jun 2012, 2:26 pm
(See our previous post for a discussion of the test used to determine whether the practice of using unpaid interns is permissible.) [read post]
17 Sep 2020, 6:05 am
The defendant did not order diagnostic imaging or any other tests, however. [read post]
12 Apr 2023, 9:15 am
For this reason, the defendant might have to pay for the expenses of regular, ongoing medical testing to monitor people with exposure. [read post]
4 Feb 2021, 11:48 am
In the court’s view, plaintiffs and their members interests satisfied the “zone of interests test” because they receive grants and loans for which banks receive CRA credit, making them direct beneficiaries of the CRA. [read post]
13 Aug 2014, 12:15 pm
The test for whether the obvious danger doctrine applies is not whether the object that caused the injury is obvious, but rather whether the dangerous condition of the object is obvious. [read post]
17 Jun 2010, 11:45 am
Plaintiffs challenged the law and won in the Supreme Court. [read post]
7 Jun 2008, 8:43 pm
The Third Department REVERSED, holding:Interpreting the term "occupying" has resulted in differing tests in various jurisdictions (citations omitted). [read post]
13 Mar 2012, 9:24 am
” The APA’s minimum standards could be deceiving and defeating if a petition does not provide a basis for meeting the agency requirements and standing the test of judicial review, like the thimerosal plaintiffs. [read post]
