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22 Apr 2009, 5:54 pm
I identify and critique this strange but proliferating test of standing. [read post]
14 Mar 2014, 8:29 am
It finds that the promotion denial -- normally an adverse action -- in this instance was not unfair to plaintiff:The promotion at issue went to two candidates who achieved higher scores than Levitant on the test used to select interviewees. [read post]
23 Oct 2023, 6:49 am
The federal court dismissed that claim under Rule 12 under the stringent Iqbal pleading test, created by the Supreme Court in 2009 to required plaintiffs to assert plausible and nonconclusory claims. [read post]
4 May 2021, 9:33 am
Likewise, that's so in at least some civil sex crime cases; rather than a categorical rule supporting pseudonymity, many courts use multi-factor balancing tests that come out differently in different cases. [read post]
Plaintiff's Failure to Mitigate Damages in Shreveport Accident Results in Reduction of Damages Award
7 Feb 2011, 6:34 am
Instead, the efforts need only pass the test of being consistent with common sense. [read post]
11 May 2010, 5:30 am
The plaintiffs claimed that immediately after the tests, Labcorp billed them and demanded payment in the amount of $332; and a later bill was for $8.05. [read post]
1 Feb 2007, 6:07 am
Ala. 2002).Another major conceptual problem with the idea of a separate testing duty is that it nullifies the state of the art defense by letting plaintiffs argue that more testing would have discovered sooner (always soon enough to save the plaintiff in the case) that the drug or medical device had some sort of unexpected risk (always the risk that the plaintiff suffers from). [read post]
9 Apr 2020, 3:11 pm
Early discovery was appropriate in this case Under the first prong of the test, the court found that plaintiff identified the missing parties with as much clarity as possible. [read post]
27 Mar 2014, 9:44 am
” Applying these tests to the “extraordinarily helpful” language of the Lanham Act, the Court announced a standing test that required a plaintiff to “show economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising. [read post]
17 Sep 2018, 5:31 am
” Discovery revealed that “plaintiff’s job offer was rescinded because of her positive drug test result and that this positive drug test result stemmed from plaintiff’s use of medical marijuana pursuant to her qualifying status under PUMA. [read post]
4 Sep 2009, 1:52 am
-based, conduct directly injured the plaintiffs. [read post]
10 Mar 2020, 1:44 pm
Given the rationale of Lexmark, the Gordon & Breach test should really be: “(1) commercial speech; (2) by a defendant whose relationship to the plaintiff puts the plaintiff within the statute’s zone of interests [or, to use Scalia’s disfavored but useful summary term, ‘as to which the plaintiff has standing’]; (3) for the purpose of influencing consumers to buy defendant’s goods or services ... [read post]
28 Feb 2012, 8:33 am
The Sixth Circuit affirmed the lower court and in doing so clarified what can be considered in the "totality-of-the-circumstances" test. [read post]
30 Aug 2016, 6:49 am
The dosage step requires applying genetic tests in a highly specified way. [read post]
5 Jul 2013, 9:20 am
The stress test was not performed before the new season. [read post]
25 Sep 2009, 2:46 pm
Holding a municipality liable in negligence for personal injuries sustained as a result of a third-party is often a difficult task because the plaintiff must show a "special relationship" between the plaintiff and the police department – a multi-prong test that is difficult to satisfy. [read post]
14 Nov 2013, 2:07 am
Behrend, every justice signed onto majority opinions that applied some ver- sion of the common answers test, confirming that the test is here to stay. [read post]
31 Jul 2017, 7:29 am
A series of vulgar statements in a short period of time may satisfy that test. [read post]
19 Nov 2013, 6:31 am
But the Supreme Court in 2011 said that the "public concern" test governing routine employee speech/retaliation claims also applies to cases brought under the Petition Clause. [read post]
18 Mar 2013, 7:24 am
Tests reveal that his kidneys were no longer functioning. [read post]
