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21 Mar 2020, 6:28 pm
Specifically, the plaintiff’s expert stated that the defendant practitioner failed to conduct diagnostic tests that should have been performed given the decedent’s symptoms, and that the failure to conduct the tests or provide timely treatment led to the decedent’s liver and renal failure. [read post]
31 Jul 2015, 10:49 am
The plaintiff sought to test the house, currently owned by a non-party to the suit, for lead-based paint. [read post]
29 Jan 2014, 8:21 am
The defendant argued that the plaintiff was not engaged in "cleaning" within the meaning of the Labor Law. [read post]
1 Sep 2020, 4:19 pm
But if they do, it may not go the way some plaintiff’s attorneys are hoping. [read post]
15 Nov 2014, 5:25 pm
The California Air Resources Board joined the United States as a co-plaintiff in this settlement. [read post]
23 Aug 2021, 11:10 am
We are 3 weeks into the first hernia mesh bellwether test trial in the C.R. [read post]
23 Aug 2021, 11:10 am
We are 3 weeks into the first hernia mesh bellwether test trial in the C.R. [read post]
11 Sep 2012, 9:55 am
Defendants then wanted the plaintiff to submit to a second IME involving electrophysiological testing by neurophysiologists. [read post]
9 Jun 2021, 8:26 am
Under that test, courts will look at the defendant’s conduct to determine if it was a substantial factor in causing the plaintiff’s injuries. [read post]
6 Aug 2011, 8:41 am
There are ways for plaintiffs to file suit under this act, but there are also ways for the defendants to get around it. [read post]
25 May 2012, 11:08 am
Note the slight preference for who has the most support among the various plaintiffs' firms. [read post]
16 Aug 2013, 11:10 am
Id. at *4 (merely alleging “dominion and control” not enough).Not only that, Ball also bounced plaintiffs’ allegation of failure to test. [read post]
3 Dec 2015, 12:55 pm
In so holding, the court applied a “balance of interests” test, noting that, in order for the defendant to be entitled to the records, the defendant must show that the interests of justice dictate that the communication between the plaintiff and her mental health care providers be disclosed. [read post]
16 Apr 2023, 11:10 am
She bought a home pregnancy test and the result was positive. [read post]
22 Dec 2020, 8:00 am
Preston would “also testify that he reviewed the results of Dameron’s Nov. 12, 2013 EMG & NCV tests performed at Mercy Medical Center. [read post]
8 Sep 2023, 8:26 am
In context, the overall work environment, could make this a severe episode under the "severe or pervasive" test. [read post]
19 Oct 2023, 7:07 am
Rather, they "must sufficiently allege '40 hours of work in a given workweek as well as some uncompensated time in excess of the 40 hours.'" While plaintiffs do not have to make an approximation of overtime hours, the Court has also suggested that "an approximation 'may help draw a plaintiff's claim closer to plausibility'" under the Iqbal plausibility pleading test. [read post]
17 Nov 2013, 1:35 pm
Perini & Hoerger Court Discusses Legal Malpractice in Forfeiture Action The plaintiff was arrested and charged for driving while intoxicated DWI on October 30, 2002, after a breathalyzer test revealed that his blood alcohol content was .30 percent. [read post]
29 Dec 2021, 5:30 am
The court additionally noted that the test for determining whether a case involved the requisite federal jurisdictional amount is whether, from the allegations in the pleadings, it is apparent, “to a legal certainty” that the Plaintiff cannot recover the amount claimed, or if, from the proofs, the court is satisfied to a like certainty that the Plaintiff never was entitled to recover that amount. [read post]
11 Aug 2008, 4:00 pm
The court said that since the plaintiff stated her expectation about the airbag... [read post]
