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13 May 2015, 5:00 pm
After officers advised her of the implied consent law (which requires drivers to submit to chemical sobriety tests, or else face mandatory license suspension and other penalties), plaintiff submitted to a breathalyzer test. [read post]
25 Aug 2014, 5:01 am
The Second Circuit addressed a set of facts involving foreign plaintiffs, foreign companies, and behavior that occurred overseas. [read post]
26 Nov 2021, 4:00 am
The employees sue seeking to eliminate the testing requirement or, alternatively, to require vaccinated employees as well to submit to testing. [read post]
21 Mar 2018, 12:00 am
In the judgment, a Brazilian judge held that Psychemedics Brasil had conspired with the competitor’s subsidiary for the hair-test market. [read post]
10 Mar 2020, 6:16 am
That causation test was adopted by the Supreme Court in recent years for retaliation cases, and it increases the plaintiff's burden in winning these claims. [read post]
17 Jan 2008, 11:42 am
Even when the federal drug testing regulations are followed by the testing labs, it is extremely easy for a truck driver who is motivated to do so to cheat on the test by using mail order drug-free urine. [read post]
4 Mar 2008, 10:42 am
In hundreds of cases, says the story, expert witnesses have testified that the test provided evidence that plaintiffs were lying about their injuries. [read post]
6 Sep 2020, 6:04 pm
A possible time-will-tell take-away from this opinion could make it easier for Caremark claim plaintiffs to survive the pre-suit demand test. [read post]
13 Nov 2018, 8:24 am
This standard is more strict than the test for state-law malicious prosecution claims.The case is Lanning v. [read post]
2 Mar 2021, 5:00 am
She also underwent multiple types of diagnostic testing and therapy. [read post]
31 Aug 2023, 5:46 am
The facility staff ran a test, which was negative, and created care plans for the husband the next day. [read post]
23 May 2011, 6:59 pm
If this new technology used in the SPECT scans is able to disclose actual evidence of brain pathology in people who have traumatic brain injuries, it will significantly improve injury plaintiffs and claimants in proving their cases. [read post]
17 Jan 2013, 2:25 pm
Andrews recently considered defendant's request to compel plaintiff to supplement its response to defendant's interrogatory that asked for information about the allegations in plaintiff's complaint about plaintiff's pre-filing testing of the accused product. [read post]
7 Nov 2017, 2:32 pm
Her OB-GYN tested her for two specific gene mutations after the plaintiff notified her physician of a family history of cancer. [read post]
15 Jun 2019, 2:24 pm
Green, 411 U.S. 792 (1973) established a burden-shifting framework to test the sufficiency of the facts in plaintiff’s discrimination claim. [read post]
13 Oct 2014, 6:00 am
Because the Supreme Court’s Chandris test requires consideration of the amount of time a seaman is on a vessel, Plaintiff’s lack of credibility was fatal to his claim. [read post]
1 Feb 2012, 4:19 pm
Ladolcetta, 2009 BCSC 1151: …In the circumstances of this case, there is no question that based on a pure objective test, the plaintiff ought to have followed his doctors’ advice. [read post]
8 Apr 2013, 10:31 am
For instance, she noted, the First Amendment tests require that subpoena targets receive notice. [read post]
13 Jun 2018, 8:30 am
In a May 18, 2018 decision, the court rejected the plaintiff’s argument and limited the application of the “ABC” test to situations involving the misclassification of independent contractors. [read post]
22 Mar 2012, 6:37 am
Dorn, a partner at Nexen Pruet, LLC, in South Carolina, provides valuable tips to the defense practitioner concerning how to agressively press legal and factual points to test plaintiff's proof of reasonable alternative design. [read post]
