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15 May 2023, 8:24 am by Jared Green
(“Although under Corso, a plaintiff need not be present during the misdiagnosis, a plaintiff must witness a definable, perceivable event that ultimately results in injury. [read post]
15 May 2023, 6:00 am by Public Employment Law Press
The New York City Transit Authority [Respondent] terminated Plaintiff's employment as a bus operator because he failed to provide a urine sample for a drug test. [read post]
15 May 2023, 6:00 am by Public Employment Law Press
The New York City Transit Authority [Respondent] terminated Plaintiff's employment as a bus operator because he failed to provide a urine sample for a drug test. [read post]
15 May 2023, 1:53 am by INFORRM
Canada On 9 May 2023, the plaintiff’s motion for a Norwich order was dismissed by Morgan J in the case of Jacobs v. [read post]
12 May 2023, 2:54 pm by Josh Blackman
Roberts would have remanded the case so the Ninth Circuit could have applied the Pike test. [read post]
12 May 2023, 1:15 pm by Greg Lambert
In addition, the ability for the plaintiff’s lawyers to reduce the overall amount of work that they need to put into each case, there will be more incentives to take on work that they might otherwise not consider. [read post]
12 May 2023, 11:45 am by Ben Sperry
While the line between the two can be messy (and “expressive conduct” has its own standard under the O’Brien test), governmental regulation of some speech acts is permissible. [read post]
12 May 2023, 6:51 am by Ronald V. Miller, Jr.
The firefighting foam MDL now has over 4,000 plaintiffs with pending cases. [read post]
12 May 2023, 4:00 am by Berniard Law Firm
The plaintiffs appealed the decision, insisting that the defendant had breached his duty of care by not ordering further cardiac tests. [read post]
10 May 2023, 9:00 pm by Adrian Santiago
This involves demonstrating that the defendant owed a duty of care to the plaintiff, that this duty was breached, and that the breach caused the plaintiff’s injuries. [read post]
10 May 2023, 7:48 pm by Stephen Halbrook
  Apply means-ends scrutiny under intermediate scrutiny, forget about Heller's common-use test, and presto – the law is constitutional. [read post]
10 May 2023, 10:54 am by DONALD SCARINCI
The Court did not address what legal test determines whether an injury is foreign or domestic. [read post]
10 May 2023, 4:00 am by Administrator
Then, for some bizarre reason that I still don’t understand, I wrote the Law School Admission Test (LSAT) and went to law school. [read post]
9 May 2023, 12:16 pm by Anastasiia Kyrylenko
 The 1911 "informed observer test" for copyright protection to works of applied art also made this Kat wonder: was this the origin of "informed user" in EU design law? [read post]
9 May 2023, 11:28 am by Georgialee Lang
With respect to the second branch of the Miglin test, they stated that Ms. [read post]
9 May 2023, 8:43 am by Stephen Rosenberg
When you see these numbers, you further understand the point I made in my last post – that the amount of potential recovery for plaintiffs and their lawyers is driving much of this growth and the most realistic way to bring down the numbers of filings and reduce, long term, the exposure to plan sponsors and their insurers is to consistently take these cases to trial. [read post]
8 May 2023, 10:49 am by Stephen Rosenberg
To me, the underlying dynamic is that more and more plaintiffs’ firms have moved into this area as settlement values have gone up, and more and more cases, against smaller and smaller plans, have been filed as a result. [read post]
8 May 2023, 7:10 am
Cir. 2022) (“While the zone of interest test is not especially demanding … it nonetheless imposes a critical requirement. [read post]
7 May 2023, 11:43 am by Bill Marler
It was reported that this container also contained onions, although none were left for testing. [read post]