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29 Nov 2012, 2:21 pm
The defense asserted that the Plaintiff had assumed the risk of danger in walking along a driveway under pitch black night time conditions when the Plaintiff knew that the driveway had a slight drop off. [read post]
1 Apr 2019, 6:04 am
It is important to note that the test varies (in some cases fairly significantly) from circuit to circuit. [read post]
4 Mar 2013, 8:15 am
Chrysler would have had this knowledge of the brake defect allegedly through pre-release testing data, consumer complaints, and data from authorized dealers and replacement part sales. [read post]
29 Nov 2012, 2:21 pm
The defense asserted that the Plaintiff had assumed the risk of danger in walking along a driveway under pitch black night time conditions when the Plaintiff knew that the driveway had a slight drop off. [read post]
28 Dec 2023, 4:05 am
Plaintiffs had argued that by failing to include annotations to federal cases that would indicate that Idaho's statute is unconstitutional, the publishers violated plaintiffs' due process rights.Los Angeles Blade reports on the decision. [read post]
24 Jul 2018, 5:00 am
The case arose out of a Plaintiff's fall from a ladder.In this decision, the court noted that the admissibility of the Plaintiff’s design defect expert required a Daubert hearing on the Defendant's Motion in Limine seeking to preclude the Plaintiff's expert from testifying. [read post]
18 Feb 2024, 10:22 am
Circuit’s requirements for relying on an ex parte declaration had been met; and (2) agency sufficiently demonstrated that three-decades old information protected by the attorney-client privileged met the foreseeable harm test. [read post]
6 Nov 2013, 6:00 am
” The court reiterated that the test focuses not in the injuries themselves, but on how the injuries affect a particular body function. [read post]
13 Jun 2019, 5:00 am
The Superior Court noted that even an admission by the tortfeasor of admitted alcohol or drug use is subject to being excluded from evidence where the Plaintiff fails to present evidence of chemical testing sufficient to show intoxication, or where the Plaintiff fails to present any other evidence of impairment. [read post]
23 Feb 2022, 5:00 am
Luke's Health Network, asserted that the corporate negligence claims levied against them failed because the allegations established that the Defendants did function like a hospital and was subject to an established duties of care.In this regard, the court applied the functional analysis test noted under the cases of Thompson v. [read post]
21 Jun 2023, 8:07 am
Under the traditional test in determining if someone is an employee, we ask if the employer has control over you. [read post]
9 Oct 2007, 11:32 am
O'Scannlain wrote both the opinion of the court, noting that the Ninth Circuit has employed three arguably conflicting tests, and a concurring opinion, explaining which approach he views as best. [read post]
24 Jan 2008, 5:40 pm
Later the same week, RagingWire received plaintiff's drug test results, which were positive for marijuana, and suspended plaintiff. [read post]
25 Feb 2021, 4:47 pm
The case was tried to a jury and resulted in a special verdict finding, among other things, that the plaintiffs had proven $0 in damages, even though the defendant’s failure to discuss the test had caused harm to the male plaintiff. [read post]
5 Oct 2011, 6:11 am
Borrowing from the federal three-part McDonnell Douglas test, first, the plaintiff bears the burden of establishing a prima facie case of age discrimination. [read post]
28 Jun 2018, 11:41 am
Herold states that the plaintiff was engaged in the unlicensed practice of medicine and backed up his statement with three reasons: 1) The plaintiff was prescribing supplements to the consuming public; 2) The plaintiff stated that her blood tests can held customers detect diseases before standard blood tests; and 3) The plaintiff interpreted the results of the blood tests. [read post]
28 Jun 2018, 11:41 am
Herold states that the plaintiff was engaged in the unlicensed practice of medicine and backed up his statement with three reasons: 1) The plaintiff was prescribing supplements to the consuming public; 2) The plaintiff stated that her blood tests can held customers detect diseases before standard blood tests; and 3) The plaintiff interpreted the results of the blood tests. [read post]
27 Jun 2017, 8:29 am
This includes plaintiff's failure to attend a meeting in Goldfarb's office and plaintiff's failure to notice that the state had sent the wrong examination booklets for a test while preparing for an an Advanced Placement English test.Defendant further says plaintiff did not provide adequate guidance to teachers on a number of occasions (an allegation that plaintiff refuted "in a detailed and thoughtful response" and that… [read post]
19 Jul 2012, 1:16 pm
PLAINTIFF LAWYER: STATISTICAL SIGNIFICANCE IS NOT A LITMUS TEST; SO I HAVE THAT SATISFIED AS WELL. [read post]
21 Dec 2017, 6:18 am
Primary beneficiary test applied. [read post]
