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23 Nov 2022, 11:54 am
Under the reasonable-apprehension test, a plaintiff’s subjective fears are not sufficient. [read post]
22 Apr 2013, 6:24 am
Commissioner of Motor Vehicles (Administrative appeal; appeal from decision of defendant commissioner of motor vehicles suspending plaintiff’s motor vehicle operator’s license; "The plaintiff, Anthony C. [read post]
26 Oct 2015, 5:00 am
Dec. 2, 2014 Green, J.).In this Order without Opinion, the court ordered the plaintiff to attend the neuropsychological IME but also mandated that the plaintiff's attorney would be permitted to be present during the interview portion of the exam and that the testing portion of the neuropsychological exam could be videotaped but without an audio component.The defense was also ordered to share any neuropsychological testing data with the… [read post]
31 Mar 2015, 5:00 am
.), Judge Bradford Charles ruled in response to a defense discovery motion for a protective order that, during a neuropsychological IME, the Plaintiff's attorney would be allowed to be present during the preliminary interview phase by the doctor of the Plaintiff.However, the court also ruled that once the standardized testing portion of the neuropsych IME began, no one other than the doctor and the Plaintiff would be allowed in the room and no recording device… [read post]
4 Jun 2015, 10:45 am
The second element that plaintiff must establish in a drunk driving accident case in Massachusetts is that defendant breached his or her duty of care owed to plaintiff through a particular act or omission. [read post]
11 Apr 2019, 4:00 am
The Authority appealed and the Appellate Division reversed that portion Supreme Court's judgment that ordered the release of the documents related to Plaintiff's psychometric testing results related to his psychological evaluation. [read post]
11 Apr 2019, 4:00 am
The Authority appealed and the Appellate Division reversed that portion Supreme Court's judgment that ordered the release of the documents related to Plaintiff's psychometric testing results related to his psychological evaluation. [read post]
14 Dec 2010, 9:59 pm
Whether this in fact makes any clinical difference is open to debate: while plaintiffs argue that there could be false negative results from Myriad's testing (insofar as all mutations are not assayed), there has been no specific allegation that there... [read post]
27 Jan 2022, 6:12 am
” What is Hair Testing for Drug Use? [read post]
9 Mar 2013, 2:05 pm
Finally, defendant submits an affirmed report from an orthopedic surgeon, who examined plaintiff and performed a range of motion tests using a goniometer a well as other clinical tests, and found that plaintiff's cervical strain with radiculitis, thoracolumbosacral strain, and bilateral shoulder contusion were all resolved. [read post]
1 Mar 2017, 1:55 pm
Not surprisingly, defendant wants to rebut this testimony.So defendant sends out a discovery demand that plaintiff submit to testing by its own vocational rehabilitation expert, who will take no more than two hours with plaintiff and conduct an "interview and administration of written examination, including interest testing and aptitude testing to examine plaintiff with respect to his employment history, prospects and interests. [read post]
22 Jun 2021, 12:06 pm
The third bellwether test trial in the massive 3M earplug lawsuits resulted in another solid victory for the plaintiffs. [read post]
27 Apr 2009, 12:42 am
In denying defendant's motion for judgment as a matter of law, the court rejected defendant's argument that plaintiff did not meet the Panduit test for lost profits. [read post]
27 Aug 2010, 6:07 am
The plaintiff submitted Linda Lindman’s Ph.D. research and dissertation, which found no observer effect on neuropsychological test or examination scores or results. [read post]
30 Jan 2018, 12:15 pm
The judge correctly recognized the political litmus test the state was imposing on Esther: Plaintiff’s harm stems not from her decision to refuse to sign the certification, but rather from the plainly unconstitutional choice the Kansas Law forces plaintiff to make: She either can contract with the state or she can support a boycott of Israel. [read post]
7 May 2011, 7:06 pm
In light of the circumstances surrounding the offer of the 2008 Agreement, the concerns Eagle Test had at the time, and the facts as testified to by plaintiff, a triable issue of fact exists with respect to plaintiff's claim that defendant offered to create the position of Vice-President of Fabless/Subcontractors for plaintiff in California with no intent to perform that promise.He denied summary judgment setting the case for trial. [read post]
18 Jan 2011, 5:10 am
Home Depot Incorporated, No. 09-4151 (7th Circuit 2011), the plaintiff was terminated for coming to work under the influence of alcohol and failing a blood alcohol test. [read post]
25 Apr 2013, 7:19 am
To decide the motion to quash, the state trial court applied a four-part qualified First Amendment analysis, known as the Dendrite test, which considers whether the plaintiffs identified the defendant with sufficient specificity, whether the plaintiffs made a good-faith effort to serve the defendants, whether the suit can withstand a motion to dismiss, and whether the discovery will likely lead to identifiable information that will enable service of process. [read post]
6 Mar 2007, 6:01 am
Plaintiffs, therefore, are left with whatever information can be found in the public domain.Delaware courts claim that they assume all facts in the complaint are true and that they draw all reasonable inferences in favor of the plaintiff. [read post]
11 Sep 2017, 12:37 pm
The facts indicate that the plaintiff had been at a medical clinic, with the goal of reviewing test results with a nurse-practitioner. [read post]
