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17 Apr 2007, 5:14 pm
For example, if the plaintiff is a woman, the test relies on a reasonable woman standard (see Ellison v Brady (9th Cir 1991) 924 F2d 872, 878). [read post]
15 Oct 2014, 6:34 am
This is all part of the totality of the circumstances test. [read post]
23 Aug 2022, 5:00 am
Post-accident diagnostic tests including x-rays, an MRI, and a nerve test lead the neurologist to diagnose the Plaintiff with a bulging disc in his neck, causing a pinched nerve, which was noted to explain the complaints of left hand numbness.During the course of the matter, the Defendant filed a Motion for Summary Judgment arguing, in part, that the Plaintiff's failure to produce an expert medical opinion on causation defeated the Plaintiff's… [read post]
24 Sep 2019, 11:45 am
And, there are many aggressive plaintiffs’ attorneys ready and waiting to help these disgruntled employees. [read post]
13 Jul 2020, 3:30 am
So, instead of facing a one-plaintiff FFCRA lawsuit, this could spawn into an FLSA collective action with several plaintiffs. [read post]
7 Oct 2011, 5:00 am
Heller and his fellow plaintiffs appealed the District of Columbia Court of Appeals. [read post]
30 Mar 2018, 7:23 am
On March 2, 2009, Defendant accepted Plaintiff’s proposal to evaluate the Vectra DA test’s viability. [read post]
22 Jun 2016, 10:08 pm
The Court applied the Erie doctrine, choice of law, and outcome determinative test. [read post]
2 May 2024, 6:58 am
He was an exam grader and test proctor, after all. [read post]
28 Mar 2015, 3:42 am
"Defendant filed several pretrial motions, including a motion to compel plaintiffs to produce testing data and reports prepared by an expert, whom plaintiffs had consulted but did not intend to call at trial, on three "vintage" samples of Old Spice and Desert Flower talcum powder products. [read post]
30 Oct 2014, 12:16 pm
Defendant argued that a deposition-based pilot study was necessary to test the accuracy and reliability of plaintiffs’ survey results, by determining the amount of variability within the class. [read post]
16 Aug 2007, 6:00 am
The Court also held that the plaintiffs' CLRA claim failed. [read post]
4 Nov 2009, 12:33 am
The court denied defendant PTO's motion to dismiss for lack of subject matter jurisdiction plaintiffs' complaint alleging that patents claiming genes used in breast cancer testing were invalid as unconstitutional. [read post]
8 Nov 2010, 6:29 am
On Point: “A Florida man who says he was injured from eating the leaves of a grilled artichoke has filed a lawsuit that may test whether a restaurant has a duty to explain to patrons how to eat unfamiliar food items. [read post]
27 Jul 2018, 12:15 pm
This is typically done through the introduction of medical bills, statements of medical providers, and disclosure of results of tests and other treatments. [read post]
28 Jul 2010, 12:49 pm
FSBPT issued this decision after losing its fight in court against the test prep center. [read post]
13 Oct 2010, 3:23 am
Since we find that plaintiff does not plead allegations to satisfy the common enterprise requirement of the Howey test, we need not address defendants' argument that plaintiff fails the third prong of the Howey test. [read post]
16 Aug 2011, 10:29 pm
She did not test the ramp in wet and dry conditions, although the ramp was exposed to the elements and she knew that it would be wet if it was raining, and she did not have the ramp inspected by ACI to confirm that it complied with ADA requirements. [read post]
8 Mar 2010, 8:53 am
Now that's a tough test. [read post]
7 May 2020, 9:53 am
The rideshare companies cannot meet A.B. 5’s “ABC” test, the plaintiffs contend. [read post]