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21 Sep 2017, 2:26 pm
In Parametric, the Nevada Supreme Court adopted the test in Tooley. [read post]
15 Mar 2016, 3:30 am
Or, maybe, it just doesn’t pass the smell test. [read post]
17 Feb 2011, 4:30 am
Recently, with a new law suit, a North Dakota woman is testing the outer limits of a manufacturer's duty to warn after severing her fingers in a commercial-grade meat grinder.The Grand Forks Herald reports that in November 2007 the plaintiff was pushing venison into a Pragotrade (the company has since changed its name to "Weston") meat grinder as she aided her husband in his meat-processing business. [read post]
23 Jan 2013, 4:14 am
After discussing what it sees as four different Establishment Clause tests that have been announced by the Supreme Court, the court concluded that while perhaps it may later find plaintiffs' case untenable, "a fair reading of the Complaint at this stage of the proceedings leads to the conclusion that the factual allegations provided by Plaintiffs ... at least having stated a facially plausible claim." [read post]
25 Oct 2021, 4:00 am
One of plaintiffs' objections was to language rejecting any religious exemption based on opposition to "specific vaccinations". [read post]
6 Oct 2014, 8:42 am
Although the plaintiff has raised a number of claims on appeal, the dispositive issue is whether the trial court found that the defendant grandparents...satisfied the standing test for a third party visitation contrary to the wishes of a fit parent as articulated by our Supreme Court in Roth v. [read post]
2 May 2013, 4:10 am
Applying the test developed in a parallel situation in the 2003 U.S. [read post]
2 Sep 2015, 7:14 am
Indeed, if that was the test, no amendment would ever be permitted. [read post]
10 Jul 2018, 8:01 am
The dissenting judge asserted that the majority gave the lower court too much deference, misapplied the relevant test for determining fee awards, and permitted the CIA to evade its FOIA responsibilities. [read post]
3 Jul 2015, 4:00 am
However the court dismissed challenges brought under other parts of the 1st Amendment, the No Religious Test clause, and RFRA, dismissed The Humanist Society as a plaintiff for lack of standing and on ripeness grounds, and dismissed claims against the individual defendants. [read post]
15 Jan 2010, 5:14 am
This settlement provides that the four whistle-blower plaintiffs will collectively receive a total of approximately $1.7 million. [read post]
8 Feb 2007, 8:38 am
They are charging Smith and TrimSpa for deceptive business practices when marketing the diet pills as effective, safe, and a fast way to lose wait—which the three plaintiffs did not. [read post]
29 Apr 2024, 10:00 pm
Watch our new Salary Basis Test Video, by Chris Kazanowski of Lex Robotica PLLC. [read post]
17 Oct 2006, 12:06 pm
The putative class plaintiff has now appealed, arguing that prudential standing tests are only appropriate when considering whether to expand Lanham Act standing beyond direct competitors; since Burger King is a direct competitor of McDonald's, standing to bring a false advertising claim is appropriate.Plaintiff's appeal brief refers to that very post, among other (ahem) authorities. [read post]
22 Feb 2017, 6:18 am
The subjective test that no longer applies for pre-trial detainees had regularly killed off many cases where the plaintiffs could not prove the guards intended to watch them suffer.Finally, the Court of Appeals takes the trial judge to task for ignoring part of the record in finding the plaintiffs did not suffer badly enough. [read post]
17 Nov 2008, 2:20 am
The facts alleged that the plaintiff underwent regular annual physicals. [read post]
4 Nov 2014, 7:46 pm
The effort was powered by the ACLU and Public Patent Foundation, who gathered a group of plaintiffs who were paying high prices for the patented gene tests on the BRCA1 and BRCA2 genes. [read post]
9 Apr 2011, 2:03 am
Bd. of Lafayette Parish, 148 F.3d 559, 564 (5th Cir. 1998) (plaintiff had “notice that his position as a custodian was specifically designated as safety sensitive and that he would be subject to random testing. ... [read post]
13 Jul 2019, 3:08 pm
Specifically, the defendants alleged that the plaintiff first argued that the defendants were negligent in failing to perform genetic testing regardless of the mother’s blood test results. [read post]
22 Nov 2010, 5:02 am
Barr objected to the presence of plaintiff's counsel or any other third party observer during the standardized testing portion of the evaluation. [read post]
