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9 Feb 2021, 8:46 am
Here, the plaintiffs failed the test. [read post]
14 May 2012, 7:23 am
The city has agreed to pay a total of $20,000 plus attorney's fees to the 4 plaintiffs. [read post]
1 Oct 2019, 6:22 am
Plaintiff was a "fit model" in that she would be hired based on her body proportions to help clothing manufacturers test the fit of their designs. [read post]
10 Dec 2006, 3:12 pm
He provides his observations and conclusions regarding, inter alia, the lack of uniformity in the 13 different tests in the 13 circuits, the dispositive nature of one or more of the factors, the likelihood of success for a plaintiff in the various district courts, and the importance (or lack thereof) of survey evidence. [read post]
20 Sep 2015, 3:30 pm
Aug. 17, 2015), demonstrate how the new personal jurisdiction test can be used to limit forum shopping and improper aggregation of multiple plaintiffs into one complaint. [read post]
9 Feb 2013, 7:02 pm
State, which had adopted the totality of the circumstances test. [read post]
22 Oct 2015, 12:48 pm
The plaintiff driver was neither issued a ticket nor asked to take any chemical tests. [read post]
14 May 2014, 11:45 am
The First Circuit noted that some form of aggregation was necessary to sustain the claims of plaintiffs who tested positive in years with no statistically significant disparity. [read post]
16 May 2016, 4:35 am
According to the lawsuit, the plaintiff claimed she suffered a heart attack in 2006 as a result of the device. [read post]
21 Mar 2016, 7:07 am
The legal standard the Court devises draws from the FLSA's "economic reality" test, which determines whether the defendant had the power to hire and fire, supervised and controlled employees, determined salaries and maintained employment records.Under this test, Garrioch was an "employer" under the FMLA because she played a substantial role in plaintiff's termination, even if that decision formally rested with someone else. [read post]
11 Feb 2019, 3:30 am
The Plaintiff tests positive for marijuana after a workplace accident, at which time she discloses that she has a medical marijuana card. [read post]
2 Apr 2015, 6:34 am
March 22, 2011), an attempt by a plaintiff to compel videotaping of defense non-destructive testing was rejected, in part because the plaintiff had not videotaped his own inspections. [read post]
14 Oct 2011, 1:25 pm
The case, in which plaintiffs are challenging hidden fees of as much as $257 on a card with a $300 limit, is the latest to test individuals’ ability to hold corporations accountable in the courts. [read post]
20 Dec 2010, 3:30 am
The significant relief test requires a comparative analysis, which includes not only an assessment of how many members of the class were harmed by the defendant’s actions, but also a comparison of the relief sought between all defendants and each defendant’s ability to pay a potential judgment. [read post]
24 May 2012, 5:18 am
Applying this test to the facts at bar, the court held that the plaintiff was an employee rather than a volunteer: According to Okoro, she never agreed to volunteer for Aegis; at all times, she expected to be compensated for her work. [read post]
21 May 2012, 11:12 am
Neuropsychological testing disclosed the existence of mixed focal and diffuse deficits stemming from her frontal and temporal lobe abnormalities in combination with diffuse brain damage. [read post]
26 Nov 2007, 5:18 am
Plaintiff retained Dr. [read post]
3 Aug 2013, 5:49 pm
The plaintiffs alleged that, given the plaintiff's own medical history and that of her paternal family, as well as her father's Ashkenazi Jewish ethnicity, defendant's failure to recommend, prior to November 2007, "BRCA" genetic testing or prophylactic surgery removing her ovaries, which could have prevented the onset of her ovarian cancer, constituted medical malpractice. [read post]
19 Jul 2012, 8:00 am
Bruce of Power Rogers & Smith is representing nine of these Illinois Plaintiffs. [read post]
13 Mar 2008, 10:08 am
The plaintiff contended that despite the weight of the 5 ft. 5 in. tall plaintiff, which dropped as low as 101 lbs., frequent rigorous exercise, the loss of her period and the suffering of two stress fractures to the feet, the defendants negligently failed to consider that the plaintiff might be suffering from an eating disorder. [read post]
