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6 Oct 2021, 3:18 pm
Such provisions, however, will not insulate the board if a plaintiff can sufficiently allege that a majority of the board acted in bad faith. [read post]
16 Apr 2020, 8:08 am
Defendants moved to dismiss plaintiff’s complaint, and the trial court granted the motion, with prejudice, finding plaintiff was lawfully terminated for violating Carriage’s drug use policy after a positive drug test, given to him by his employer after plaintiff’s car was struck by another vehicle while plaintiff was driving for work purposes. [read post]
11 Oct 2016, 10:01 pm
Testing for glyphosate residue at a U.S. [read post]
9 Apr 2011, 10:41 am
It pains me that the Respondents (plaintiffs) generally did a better job in explaining significance testing than did the Petitioner (defendant). [read post]
7 Feb 2012, 3:08 pm
The nurse practitioner testified in her deposition that she suggested that Plaintiff could stop by the hospital for a blood test on the way to her family vacation. [read post]
7 Dec 2016, 9:15 am
Plaintiff hired cardiology expert to opine on medical tests and procedures in his field. [read post]
2 Nov 2015, 8:46 pm
He submitted a number of hair follicle drug test reports, the most recent dated March 2007. [read post]
22 Feb 2016, 5:02 am
The defendants in Brady appear ready to test the issue further. [read post]
22 Feb 2016, 5:02 am
The defendants in Brady appear ready to test the issue further. [read post]
19 Jan 2010, 7:54 am
Plaintiff had actual notice through the Conditions of Services agreement and cannot satisfy the first of the three-part test for ostensible agency (the plaintiff believed that the physician was an agent of the hospital, and this belief was reasonable [Mejia, supra, 1156 -1157); and he has presented no evidence in support of the second of the three tests, that his belief must be generated by some act or neglect of UMC. [read post]
9 Jan 2015, 8:18 am
The Perry balancing test places a burden on the party seeking discovery to show that the information sought is rationally related to a compelling governmental interest and that the requested discovery is the least restrictive means of obtaining the desired information. [read post]
29 Jun 2022, 5:57 am
Summary: Automobile Mechanical & Body Repair Expert Witness testimony not excluded even though the defendant argued that the plaintiff’s engine had a different engine than the one tested by the expert. [read post]
13 Sep 2021, 6:59 am
Rather, our argument relies on the "traditional public function" test, under which a private person acts under color when he performs a function that has traditionally and exclusively been performed by the government, usually those functions essential to or required as an aspect of sovereignty. [read post]
10 Mar 2023, 7:08 am
After the plaintiff pet care provider filed an appeal to the U.S. [read post]
16 Oct 2013, 10:03 pm
” None of the plaintiffs meet this “credible threat” test, they argue, adding, “Thus, a plaintiff does not obtain standing based merely on a subjective fear of future prosecution. [read post]
30 Mar 2007, 10:10 am
Plaintiff objects that the testing is work product. [read post]
30 Nov 2022, 8:26 am
The district court's dismissal of the plaintiff's claims was accordingly affirmed (Boykin v. [read post]
19 Oct 2018, 6:55 am
In a case that began with a plaintiff who developed mesothelioma after years of exposure to asbestos, the Florida Supreme Court held that Frye, not Daubert, is the appropriate test. [read post]
15 Jun 2019, 8:37 pm
The Florida Supreme Court just raised the bar on allowable scientific evidence with its nixing of the longstanding Frye test in favor of the more rigid Daubert, the latter followed by federal courts as well as those in most other states. [read post]
20 Mar 2010, 7:05 am
The attorneys at the Law Office of Neil Burns have represented hundreds of plaintiffs injured as a result of unsafe driving. [read post]