Previously, the principal test used in lower federal courts had been the conduct-and-effects test.
It may be that the Second Circuit panel brings back its conduct-and-effect test for derivatives – looking to see what the conduct was in the United States to see whether there was indeed "irrevocable liability".
Such conduct, having such effect, is equally actionable whether it produces the result by persuasion, by threats, or by falsehood (Moran v. Dunphy, 177 Mass. 485, 487, 52 L.R.A. 115, 83 Am. St. Rep. 289, 59 N. E. 125), and it is enough to allege and prove the conduct and effect, leaving the defendant to justify if he can.
Regular, long-term monitoring of SAA responses should be conducted and effects associated with past and current management actions segregated, when possible.
Economist's new book teaches how to conduct cause-and-effect studies on complex social questions.
Trial runs on various operating pressures and water recoveries were conducted and effect of feed pH on RO permeate quality was studied.
For normally distributed variables with significant main effects, post hoc dependent Student t tests will be conducted and effect sizes (Cohen's d) will be calculated.
But in the most important part of the decision, Justice Thomas said claims that an employer had created a hostile environment, by "their very nature," involve repeated conduct and cumulative effects.
Sensitivity analysis of the key factors such as primary production duration, bottom-hole pressures, and fracture conductivity is conducted and their effects on the well production performance are analyzed.
In this study, sensitivity analysis of the primary production duration, well bottom-hole pressures (BHP) and non-Darcy effects are conducted, and their effects on well production performance in the targeted tight gas condensate reservoirs are summarized.
