Search for: "Test Plaintiff"
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7 Aug 2023, 6:46 am
” The plaintiffs say they took Paul Mitchell at its word and bought some of those products. [read post]
1 May 2023, 2:39 pm
Bear in mind that the test plaintiff needed the accommodation for is Step 1. [read post]
21 May 2010, 8:47 am
Nevertheless, defendants refused to state with certainty that the testing of the plaintiff would not entail invasive or painful procedures. [read post]
29 Sep 2021, 9:13 am
Of note: plaintiff wasn’t required to plead the existence of scientific testing that demonstrates that the products contained GMOs. [read post]
27 Apr 2016, 5:30 am
To the contrary, the court stated that both prongs of Tincher’s composite risk/utility and consumer expectation tests are ordinarily to be decided by the jury. [read post]
15 Jan 2013, 3:13 pm
Lasegue and Fabere tests were negative. [read post]
14 Dec 2015, 1:28 pm
Plaintiff’s test didn’t use 12 cases, or even 12 bottles. [read post]
24 Feb 2016, 6:25 am
Maryland courts recognize the “but for” test and the substantial factor test when analyzing whether causation exists. [read post]
21 Apr 2008, 5:36 pm
By contrast, in a case in which a company was sued by people who blamed their various ailments on the company's benzene pollution, the company was found not liable after tests on the plaintiffs did not find the telltale DNA changes caused by benzene.Measuring a life spanLess well developed but potentially more contentious are genetic tests that can help predict how long a person will live.Anticipated life span can be a big factor when deciding how much a wronged… [read post]
8 Dec 2020, 6:55 am
Zero tolerance, a drug test and just cause. [read post]
17 Jun 2009, 5:30 am
The plaintiff alleged claims for fraud, breach of contract, and unjust enrichment related to the defendant’s allegedly improper decisions not to pay the plaintiff—and others—for diagnostic testing that the plaintiff had performed on defendant’s insureds, on the grounds of “lack of medical necessity. [read post]
9 Jul 2008, 12:15 pm
PCAOB is a case that tests a new model of self regulation. [read post]
25 Apr 2022, 4:32 am
Plaintiffs also successfully alleged negligence under Florida law. [read post]
19 Jun 2009, 3:28 am
Readers of MassTortDefense recognize that in a strict products liability claim, the risk-utility test has been the dominant test of "defectiveness" employed by state courts. [read post]
30 Oct 2011, 1:46 pm
There is no showing here that conditioning an award based on the ability to pass a lie detector test is either of those things. [read post]
27 Apr 2007, 5:08 am
Moreover, plaintiff’s air purifier was never tested to determine whether it performed as represented, id. [read post]
3 Jul 2012, 4:19 am
Du Pont De Nemours & Co., 48 So. 3d 976, 997 (Fla. 3d DCA 2010), which rejected the Second Restatement’s “consumer expectations” test as an independent basis for finding a design defect, determining instead that, after Kohler, the appropriate standard is the “risk-utility/risk-benefit” test articulated in Section 2 of the Third Restatement. [read post]
3 Apr 2019, 6:59 am
According to the court, the complaint established that the virtual currency at issue was an “investment contract” under the test set forth in SEC v. [read post]
11 Dec 2013, 6:00 am
Under this test, the “quality” factor required the Plaintiffs to show the performance of acts by the Defendants that directly furthered or were essential to the Defendants’ business objectives and not merely incidental to those objectives. [read post]
11 Dec 2013, 6:00 am
Under this test, the “quality” factor required the Plaintiffs to show the performance of acts by the Defendants that directly furthered or were essential to the Defendants’ business objectives and not merely incidental to those objectives. [read post]
