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13 Nov 2013, 8:35 am by Second Circuit Civil Rights Blog
The plaintiffs sued the school system, claiming that it failed to promote their son to sixth grade because of national origin discrimination.They advance a variety of reasons in alleging discrimination, i.e., meritless reports of child abuse/neglect in 2003 and 2010, the child's suspension in 2004 for failure to receive vaccinations, the school's promotion of non-Muslim students from families of non-Albanian origin who had similar test scores and grades to plaintiffs' son… [read post]
1 Feb 2021, 4:09 am by Daniel E. Cummins, Esq.
The test is whether or not the Defendant’s activity caused significant harm to a person of normal or reasonable sensibilities. [read post]
28 Apr 2022, 3:30 am by Eric B. Meyer
Problems arose when the defendant randomly selected the plaintiff for a random drug test. [read post]
22 Feb 2012, 9:00 pm by Stephanie Figueroa
  This is one reason why the majority of the claims at issue in the Myriad case (i.e., claims to isolated genes) are not infringed by the practice of genetic diagnostic methods and why even if the plaintiffs and their ACLU masters prevail, the women will have no remedy. [read post]
11 Apr 2011, 10:41 pm
The plaintiff nightclub, Felt Enterprises, argued that because defendant Chau Chow II did not monitor how much alcohol it served the patron, the Chinatown restaurant was liable under the "mode of operations" test announced by the Supreme Judicial Court in its landmark 2007 Sheehan v. [read post]
22 Apr 2023, 6:00 am by Public Employment Law Press
Although plaintiff's score on the New York State Professional Careers Test was higher than those of the selected candidates, state employers are not required to select the highest scoring individual, and factors outside of performance on the test may be taken into consideration in making civil service appointments (see Matter of Cassidy v Municipal Civ. [read post]
22 Apr 2023, 6:00 am by Public Employment Law Press
Although plaintiff's score on the New York State Professional Careers Test was higher than those of the selected candidates, state employers are not required to select the highest scoring individual, and factors outside of performance on the test may be taken into consideration in making civil service appointments (see Matter of Cassidy v Municipal Civ. [read post]
6 Jul 2009, 3:22 pm
In a 5-to-4 decision, the Supreme Court of the United States ruled in favor of the plaintiffs who were suing New Haven, Connecticut in the Ricci v. [read post]
3 Feb 2017, 10:06 am by Lebowitz & Mzhen
In the recent case, the appellate court ultimately reversed a lower court’s default judgment after applying a multi-factor test. [read post]
3 Feb 2017, 10:06 am by Lebowitz & Mzhen
In the recent case, the appellate court ultimately reversed a lower court’s default judgment after applying a multi-factor test. [read post]
24 Sep 2013, 10:11 am
The plaintiffs hope to bring awareness of the situation to fellow workers who also may have not been paid for all of their time worked. [read post]
20 Feb 2018, 10:00 pm
The Server Test is based on a 9th Circuit ruling, but Judge Forrest noted that outside of the 9th Circuit, the test has not been widely adopted, thus allowing her to depart from the application of the Server Test. [read post]
26 Aug 2010, 11:11 am
The additional plaintiffs in the Colgan suit are schedule for trial in federal court March 2012. [read post]
13 Dec 2009, 9:43 am
The NYPD policy that officers who discharge their firearms resulting in death or injury must be subjected to a breath test is constitutional. [read post]
21 Apr 2016, 3:03 pm by Schachtman
On plaintiffs’ motion for reconsideration, the MDL court reaffirmed its findings with respect to Jewell’s use of the mid-p. [read post]
30 Jan 2017, 6:24 am by Joy Waltemath
But the appeals court rejected the Bonnette test and its progeny in an exhaustive opinion in Salinas v. [read post]
19 Jun 2022, 5:05 pm by admin
In discrimination claims, plaintiffs pointed to the “inexorable zero,” in cases in which no Black citizen was ever seated on a grand jury, in a particular county, since the demise of Reconstruction. [read post]
28 Jun 2023, 1:17 am by Jon L. Gelman
Supreme Court apply to examining plaintiffs with alleged cognitive impairments, psychological impairments, or language barriers.The Court did not address permitting TPOs at a Plaintiff Medical Examination [PME]  or a judicially ordered Independent Medical Examination [IME], where the Court selects the examiner independently,  used for litigation purposes.ISSUEIn this appeal, the Court clarifies procedures regarding who may attend a defense medical examination (DME) and… [read post]