Search for: "Test Plaintiff" Results 161 - 180 of 21,758
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11 Jan 2009, 11:23 am
WJBO reports: The ACLU and East Baton Rouge teachers' union are suing the parish school board over a teacher drug-testing policy they argue is unconstitutional.The lawsuit asks a judge to halt further testing until the case is resolved.At issue is a policy the plaintiffs say subjects any teacher injured on the job to a drug test. [read post]
12 Dec 2008, 8:47 am
Plaintiff was entitled to summary judgment on defendant's inequitable conduct defense based defendant's allegation that the test performed by applicants to show unexpected results to overcome an obviousness rejection did not test the "closest prior art. [read post]
23 Oct 2015, 6:25 am
Rakoff found that the work product privilege applies "to documents regarding plaintiffs' testing of defendant's accused products" before the plaintiffs filed this patent infringement action. [read post]
21 Jul 2017, 5:42 am by Second Circuit Civil Rights Blog
" As I write in this blog post, this case represents the first time the Court of Appeals holds that the motivating factor test governs FMLA retaliation cases.The other holding in this case is that the trial court got it wrong in allowing the employer's attorney to exploit how the plaintiff in pre-trial deposition invoked the Fifth Amendment on unrelated issues that could have affected her credibility.While evidentiary rulings are difficult to challenge on appeal, in this… [read post]
23 Aug 2022, 7:33 am by Second Circuit Civil Rights Blog
While the agency says the voice-dictation software is not compatible with agency computers and there may be issues with tech support, which plaintiff's department is unable to provide, the Court says that plaintiff's expert report rebuts the agency's defense, and plaintiff successfully tested the programs at home, and the agency's lawyer conceded at oral argument that there is no evidence that a system-wide computer breakdown will occur if the… [read post]
1 Feb 2013, 11:44 am by Howard Friedman
Applying these tests, the court reversed the district court's grant of summary judgment to the county on plaintiff's substantial burden claim. [read post]
25 May 2013, 7:47 pm by Howard Friedman
Lemon, first-named plaintiff in the famous 1971 Supreme Court case of Lemon v. [read post]
31 Jul 2014, 5:17 am
You can read the Complaint here.The police use a fitness test as part of their hiring process. [read post]
26 Feb 2017, 11:01 am by Nancy E. Halpern, D.V.M.
Jan. 22, 2014) (finding DNA test results unreliable to support plaintiff’s claim that the cocker spaniel in dispute was a mixed breed). [read post]
6 Apr 2023, 4:50 am by Eric B. Meyer
The plaintiff finished a letter from her nurse acknowledging what the plaintiff told her about the CBS use. [read post]
20 Jun 2017, 4:56 am by Jon Gelman
The plaintiff then looked to the hospital's policies for additional coverage against the physician.In a published decision, the Court rejected the common law tests, of "right to control test" and the "relative nature of the work test," in establishing the definition of "employee" for the physician.In a concurring opinion by Judge Oster, J.A.D.,  the Judge stated that "This is an insurance case....it is… [read post]
19 Jun 2012, 5:55 am by Ken Shigley
Instead, trial courts can and should address the risk of undue sympathy using jury instructions and other common and time-tested means of ensuring that both parties receive a fair trial, without infringing on the parties’ right to be present. [read post]
2 Aug 2013, 8:00 am by Daniel E. Cummins
Whereas, the joinder Rule 2229(b) required both elements of the test — that is, actions arising out of the same occurrence and a common question of law or fact — the consolidation Rule 213(a) only mandated that one or the other elements of the test exist. [read post]
2 Aug 2013, 8:00 am by Daniel E. Cummins
Whereas, the joinder Rule 2229(b) required both elements of the test — that is, actions arising out of the same occurrence and a common question of law or fact — the consolidation Rule 213(a) only mandated that one or the other elements of the test exist. [read post]
4 Sep 2018, 11:34 am by Kaufman Dolowich Voluck
  The District Court’s Analysis Plaintiff  Daniel Cotto, Jr. previously worked as a forklift driver for Defendant Ardagh Glass Packaging, Inc. [read post]
6 Sep 2019, 11:44 am by McAleer Law Firm
The defendant hospital was sued after one of their employees faced criminal charges for falsifying medical test results and concealing the actual results of the plaintiff’s tests. [read post]
6 Jan 2018, 10:08 pm by Seyfarth Shaw LLP
Spurred by the DOL’s guidance, plaintiffs filed a flurry of lawsuits, especially in the Southern and Eastern Districts of New York. [read post]
11 Sep 2023, 6:07 am by Second Circuit Civil Rights Blog
 In short, the Court of Appeals (Chin, Robinson and Carney) finds that plaintiff suffered an adverse action, even under the Second Circuit's strict "materiality" test that considers whether the plaintiff suffered a significant change in circumstances, either through loss of pay, a demotion, termination, or a transfer that denies the plaintiff certain privileges. [read post]
30 Jul 2015, 1:16 pm
  Just eleven days later, Plaintiff returned to her doctor to report a positive pregnancy test. [read post]