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30 Apr 2023, 3:10 pm
Gault J considered that, even though the test in Four Seasons was concerned with the different scenario of a plaintiff seeking to establish jurisdictional facts to support an assumption of jurisdiction by the forum court, it was appropriate to apply the test by analogy to the defendants’ application for a stay or dismissal of the New Zealand proceeding by virtue of the US jurisdiction clause (at [44]). [read post]
30 Apr 2023, 6:00 am
For example, some might say that the test of political legitimacy has to do with the origination of the political system. [read post]
[Eugene Volokh] N.J. Appellate Court Affirms Family Court Judge's Refusal to Order COVID Vaccination
29 Apr 2023, 10:59 am
" The trial judge explained his reasoning in declining to follow the recommendation of plaintiff's experts as follows: While [the experts] stated the vaccine is well-tested and safe, the [c]ourt recognizes the ages of the children and the fact that the vaccine is not mandatory is critical to this analysis…. [read post]
29 Apr 2023, 4:20 am
” Furthermore, on January 1, 2024, the right to mere possession of these items will be further limited and restricted Accordingly, the balance of harms favors the Plaintiffs. [read post]
28 Apr 2023, 9:00 am
Tests and imaging might indicate that the treatment was obviously not needed and should never have been performed. [read post]
28 Apr 2023, 5:01 am
Even assuming that Bristow could establish that a qualified First Amendment right attaches under the "experience and logic" test, the Court finds it likely that Mich. [read post]
27 Apr 2023, 8:23 pm
Raoul, conducted the argument for the plaintiffs. [read post]
27 Apr 2023, 8:00 pm
Was that a hard test to take? [read post]
26 Apr 2023, 9:01 pm
Through trend analysis, scenario planning and stress testing, collaborate with these experts to visualize near-, mid- and long-term risks and build up the company’s resilience to them. [read post]
26 Apr 2023, 4:20 pm
As to the one-year limitations period, MICRA “sets forth two alternate tests for triggering the limitations period: (1) a subjective test requiring actual suspicion by the plaintiff that the injury was caused by wrongdoing; and (2) an objective test requiring a showing that a reasonable person would have suspected the injury was caused by wrongdoing. [read post]
26 Apr 2023, 9:20 am
Let’s say that the expert used a new, relatively unproven lab test to back up their conclusions. [read post]
26 Apr 2023, 7:30 am
He was rushed to the hospital where, even though imaging and tests indicated a brain stem stroke, doctors failed to diagnose or treat Buckelew until the following day. [read post]
26 Apr 2023, 5:36 am
Plaintiff also needs to plead the actual damages and the proximate cause prongs of the test. [read post]
26 Apr 2023, 5:16 am
An engineer can draw on parts of this information to develop and test hypotheses about the types of patterns AI systems are extracting from data, akin to a doctor using an array of (sometimes contradictory) test results to make a tentative diagnosis. [read post]
26 Apr 2023, 4:07 am
Pittenger that the government was not allowed to provide religious schools any educational equipment or materials other than secular textbooks (bus transportation to and from school and diagnostic testing were also allowed). [read post]
25 Apr 2023, 8:33 am
The preliminary settlement between the private liberal arts university and the plaintiffs was disclosed in a court filing, and it was the first pact in the lawsuit since it was filed in the U.S. [read post]
24 Apr 2023, 9:05 pm
For decades, Labor Department guidance on ESG investing included a “tie-breaker test” under which a fiduciary could consider ESG and other collateral, or non-financial, factors to break the tie between otherwise identical investment options. [read post]
24 Apr 2023, 10:20 am
In reaching its decision, the Ninth Circuit found that Bad Spaniels is an expressive work and applied the test set forth in Rogers v. [read post]
24 Apr 2023, 6:00 am
The Plaintiff [Petitioner] in this CPLR Article 78 action was accused of leaving a 22-month-old child alone and unsupervised, outside on a playground while acting in her capacity as a day care worker at a community family development day care center. [read post]
24 Apr 2023, 6:00 am
The Plaintiff [Petitioner] in this CPLR Article 78 action was accused of leaving a 22-month-old child alone and unsupervised, outside on a playground while acting in her capacity as a day care worker at a community family development day care center. [read post]
