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30 Sep 2009, 6:17 am
The plaintiff took, but failed, the PCE. [read post]
18 Jun 2015, 8:00 am
The jury apportioned fault at 64 per cent on the hospital and assigned 36 per cent of fault on the plaintiff for his contributory negligence. [read post]
17 Feb 2017, 1:31 pm
” It also alleged that plaintiffs’ own tests of a Cruze found that emissions were significantly higher than represented. [read post]
1 Dec 2022, 3:30 am
” Let’s test that theory today. [read post]
9 Nov 2018, 11:58 am
” At the Daubert hearing, he indicated that he couldn’t testify as to whether the ARDL Test procedures were superior to other test procedure, nullifying his written opinion that the ARDL Test was implemented in a reliable way and the ITW Test was not. [read post]
2 Sep 2021, 10:15 am
Seuss case, which empashized that the use there wasn’t explicitly misleading in part because the cover “conspicuously lists” the authors of the book and not the plaintiff. [read post]
5 May 2010, 3:04 am
The circuit court disapproved the Gartenberg test and adopted a test that was more deferential to the determination of the mutual fund’s board of directors. [read post]
5 May 2010, 3:04 am
The circuit court disapproved the Gartenberg test and adopted a test that was more deferential to the determination of the mutual fund’s board of directors. [read post]
27 May 2019, 10:26 am
Boone did not review the raw test data from three tests that were performed on the plaintiff by other doctors. [read post]
8 Jul 2013, 8:14 am
However, the argument itself is a perfect example of my first point, above, concerning the beneficial private attorney general role played in the system by the class action plaintiffs’ bar: here, they are testing whether the controlling standards for church plans are correct, and giving the courts an opportunity to address this in detail. [read post]
8 Apr 2020, 6:34 am
This claim also fails under the qualified immunity test, since plaintiff cannot show the officer violated clearly-established law in (1) requiring him to strip to his underwear to show he was not armed; (2) taunting plaintiff about his high bail; (3) turning the air conditioning in his cell to the maximum, causing plaintiff to get sick. [read post]
29 Jul 2024, 9:01 pm
., the Delaware Supreme Court clarified the legal tests applicable when stockholders challenge advance notice bylaws. [read post]
20 Apr 2020, 2:31 pm
Specifically, the affidavit stated that given the plaintiff’s presentation and health history, there was no basis for the defendant to recommend any other treatment, tests, or consultations. [read post]
17 Oct 2017, 11:41 am
Under this test, it is the plaintiff’s burden to establish that the reasonable alternative exists. [read post]
15 Jun 2018, 8:07 am
The plaintiff’s argues that the pallet truck was lost, which prevented Cocchiola from testing the product and that his inspection of the exemplar was sufficient. [read post]
8 Jul 2014, 6:07 pm
The Court of Appeals held that the employer: may not count these plaintiffs' annuities as compensation for purposes of the salary basis test. [read post]
2 Oct 2014, 9:01 am
We conclude that the trial court's order is not an appealable final judgment under the test set forth in Curcio, and, accordingly, this court lacks subject matter jurisdiction over the writ of error. [read post]
29 Apr 2014, 4:11 am
Here is the test for health care providers: a plaintiff must establish that (1) the health care provider took affirmative action to conceal the wrongdoing or remained silent and failed to disclose material facts despite a duty to do so, (2) the plaintiff could not have discovered the wrong despite exercising reasonable care and diligence, (3) the health care provider knew of the facts giving rise to the cause of action and, (4) a concealment, which may consist… [read post]
25 Feb 2015, 1:44 pm
During a pepper spray test, she claims that she was sprayed by more than four officers, including one who was not certified to participate in the test, which was far more than any other trainee received. [read post]
7 Apr 2014, 6:04 am
The Fourth Circuit hasn’t explicitly ruled, but several cases within the circuit have used the Gordon & Breach four-part test: (1) commercial speech; (2) by a defendant who is in commercial competition with plaintiff; (3) for the purpose of influencing consumers to buy defendant’s goods or services (4) disseminated sufficiently to the relevant purchasing public. [read post]
