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14 Feb 2019, 6:24 am
This involves a balancing test, with prison security on one side of the equation. [read post]
31 Jan 2024, 5:00 am
The Defendant tested negative for any drugs or alcohol. [read post]
4 Jun 2018, 12:55 pm
The court used the Lexmark-modified Gordon & Breach test, noting that plaintiffs pled commercial competition by alleging that Chung has an ownership interest in some of NYM’s competitors, and that TKCM is a competitor of Kleaners. [read post]
23 Mar 2015, 9:24 am
The plaintiff appealed to the Appellate Court, which affirmed the judgment of the trial court. [read post]
14 Nov 2014, 9:54 am
It is a good idea to test the truthfulness of the declarations submitted by Plaintiff’s counsel of current or former employees. [read post]
10 Aug 2015, 6:57 am
Plaintiffs also discussed an FTC investigation, which concluded that Riddell lacked substantiation for its claims, because the UPMC study didn’t prove a 31% reduction in concussion risk, and didn’t test youth helmets. [read post]
29 Dec 2020, 4:00 am
” Courts test FMLA retaliation claims under the burden-shifting framework set forth in McDonnell Douglas Corp. v. [read post]
16 May 2013, 11:59 am
The Court analyzed the substantial similarity by evaluating the “total concept and feel” of the works under the ordinary observer test. [read post]
29 Dec 2020, 4:00 am
” Courts test FMLA retaliation claims under the burden-shifting framework set forth in McDonnell Douglas Corp. v. [read post]
16 Apr 2017, 8:48 am
This is a totality of the circumstances test, and the facts are typically quite involved, so much that these decisions can be lengthy and complicated, as reflected in the 14 month time period the Court of Appeals (Livingston, Leval and Carney) took to issue this decision. [read post]
26 Apr 2023, 4:20 pm
As to the one-year limitations period, MICRA “sets forth two alternate tests for triggering the limitations period: (1) a subjective test requiring actual suspicion by the plaintiff that the injury was caused by wrongdoing; and (2) an objective test requiring a showing that a reasonable person would have suspected the injury was caused by wrongdoing. [read post]
21 Dec 2017, 11:00 pm
Courts use different substantial similarities tests, depending on their circuit. [read post]
19 Feb 2018, 9:04 am
Plaintiff argued for the "most significant relationship" test, saying the North Carolina had the most significant relationship to the events leading to the misappropriation. [read post]
6 Jun 2007, 6:20 pm
").The Second Circuit ReversesThe Second Circuit reversed, holding that the District Court tested the complaint by the wrong standard and that "plus factors are not required to be pleaded to permit an antitrust claim based on parallel conduct to survive dismissal. [read post]
13 Sep 2017, 6:31 am
The employer’s vice president of HR described the employee as a “pain in the ass,” both before and after plaintiff had failed his first drug test, and she ordered that he submit to a fourth drug test within two hours of learning that he had failed the third, which he claimed was unreasonable. [read post]
27 Apr 2011, 8:00 am
Those well-paid expert witnesses then typically testify at trial that the plaintiff's symptoms fail to comport with the injury. [read post]
26 Nov 2018, 9:54 am
See Related Posts: Michigan Court Holds Foreseeability is the Test for Inherent Risk Michigan Court of Appeals Addresses Liability During Vehicle Maintenance [read post]
18 Jul 2012, 12:18 pm
The district court granted summary judgment to the employer on the joint employer issue and the plaintiffs appealed to the federal appellate court. [read post]
9 Apr 2008, 5:18 am
Accordingly, it concluded further that the trial court did not abuse its discretion in applying a balancing test “and ordering precertification discovery in a class action for the purpose of identifying class members who may become substitute plaintiffs in place of named plaintiffs who were not members of the class they purported to represent. [read post]
1 Oct 2015, 5:00 am
Plaintiff “failed to introduce any evidence that should have put [defendant] on notice that either its seatbelt or seat system was unsound, or that the requisite regulatory testing was irrelevant or invalid. [read post]
