i.e.,its dependence on Bellantoni's pain responses, was persuasive. Indeed, Dr. Peress testified that the more crucial phase of the discogram was the pain provocation test. His*256decision to conduct the IDET was largely based upon the results of the pain provocation...
The Second Circuit has noted that "when the person who made the decision to fire was the same person who made the decision to hire, it is difficult to impute to her an invidious motivation that would be inconsistent with the decision to hire. This is especially so when the firing has occ...
Consequently, the Court cannot find that this letter contained false representations or that it was a bad faith threat of legal action, especially when the legal action at issue had already commenced by the time the letter was written. The Court further observes that Pro-Tech did not question ...
12.) The October 15, 1999 letter simply conveyed then Governor Siegelman's approval or concurrence in the Attorney General's decision to hire David Smith. This conclusion is buttressed by the fact that David Smith and the Maynard Cooper law firm continued to represent the state agencies inCrum...