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19 Dec 2020, 8:11 pm
PeaceHealth—the defendant—had three hospitals, and McKenzie—the plaintiff—had one. [read post]
10 Sep 2007, 6:01 am
Any use of those terms necessarily implies that tests have proved such equivalence, but plaintiff never performed tests. [read post]
7 Jun 2017, 4:00 am
’” The court rejected the defendant’s analogy, and agreed with the plaintiff “that the patents create a solution to a computer-centric problem which is not addressed by the prior art. [read post]
24 Oct 2022, 5:53 am
” When plaintiff complained about this incident to another supervisor, Gilmartin, she was removed from a working trip over a drug test, which led to her suspension even though plaintiff was not taking any drugs. [read post]
14 Aug 2014, 5:14 am
Rather, if the time interval standing alone is long enough to weaken an inference of retaliation, the plaintiff is entitled to rely on other circumstantial evidence to support her claim…. [read post]
10 Jan 2020, 8:32 am
The offer was contingent upon the plaintiff’s successfully passing a background check, credit check, and drug test. [read post]
14 Dec 2011, 10:00 am
Further testing determined that the car accident had aggravated her pre-existing arthritis. [read post]
12 Mar 2020, 10:35 am
While the defendant administered a stress test and EKG to the decedent and prescribed him a beta-blocker, the defendant did not advise the decedent to seek any other medical attention or visit a cardiologist. [read post]
25 Apr 2011, 12:08 pm
The question before the Court is whether it should be tested at a fourth stage, the class certification stage. [read post]
26 Sep 2011, 3:27 pm
” For this reason, courts apply the reasonableness test to flood control improvements, which requires the court to evaluate whether “the design, construction or maintenance of the flood control project…posed an unreasonable risk of harm to the plaintiffs. [read post]
19 Feb 2010, 12:32 pm
This week: the software giant's hard-nosed strategy for dealing with patent-holding plaintiffs gets put to the test—and proves successful. [read post]
21 Sep 2020, 7:24 pm
The court applied the Second Circuit’s test for Section 230 immunity as set out in La Liberte v. [read post]
27 Dec 2018, 6:57 am
Plaintiff hired a Bicycle Expert Witness to provide testimony. [read post]
13 Jun 2013, 1:26 pm
… [11] Thus, in applying the “but for” test, the trial judge was required to consider not just whether the defendant’s conduct was the sole cause of the plaintiff’s disabling pain, but also whether the plaintiff had established a substantial connection between the accident and that pain, beyond the de minimus level. [read post]
12 Oct 2014, 2:47 pm
” The plaintiff’s primary argument in opposition to Delta’s motion was that the airline was required “to demonstrate as a matter of law that the Plaintiff was intoxicated” but that it had not presented any “real proof at all of Plaintiff’s purported intoxication,” such as the result of a Breathalyzer test. [read post]
12 Oct 2014, 2:47 pm
” The plaintiff’s primary argument in opposition to Delta’s motion was that the airline was required “to demonstrate as a matter of law that the Plaintiff was intoxicated” but that it had not presented any “real proof at all of Plaintiff’s purported intoxication,” such as the result of a Breathalyzer test. [read post]
21 Apr 2020, 5:00 am
Rather, the court ruled that under Rule 4010(a)(4)(i) allows the representative to be present only during the interview portion of the evaluation, but not during any part of the testing portion.Lastly, the court denied the Plaintiff’s Motion to Designate the Defense Vocational Expert as a Professional Witness. [read post]
12 Sep 2014, 9:39 am
Plaintiffs alleged that Quest had overbilled them for testing services and their complaint proposed multiple nationwide litigation classes. [read post]
15 Jun 2016, 5:16 am
Plaintiff sued Defendant related to unfair and deceptive business practices related to exercise equipment. [read post]
15 Jun 2016, 5:16 am
Plaintiff sued Defendant related to unfair and deceptive business practices related to exercise equipment. [read post]