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25 Sep 2023, 3:50 am
But the Tooley test—the standard, under both Delaware and New York law to determine whether a claim is direct or derivative—is a good one. [read post]
20 Sep 2023, 7:26 am
The FCA’s sector specific priorities are as follows: Setting and testing higher standards Throughout the funeral plans sector, the Consumer Duty must play a pivotal role in focussing firms’ attention on the need to deliver fair price and value for funeral planning products. [read post]
19 Sep 2023, 9:01 pm
Require identification of whether noncompliance may have occurred through additional procedures and testing. [read post]
19 Sep 2023, 5:50 pm
As will be discussed, the actual-malice standard sets a high bar for a public figure asserting a claim of defamation and requires evidence that a speaker harbored subjective doubts about the accuracy of a statement or was recklessly indifferent to its truth. [read post]
18 Sep 2023, 6:17 pm
“Since the standard under Rule 12(b)(6) is less stringent than the standard under Rule 23.1, a complaint that survives a Rule 23.1 motion to dismiss generally will also survive Rule 23.1” he said. [read post]
15 Sep 2023, 11:31 pm
The court emphasized the importance of maintaining language standards and complying with IT Rules, concluding that the web series did not meet the test of public decency and upheld the ASJ’s order. [read post]
15 Sep 2023, 5:16 am
Submit=Display&Path=Y2023/D08-30/C:22-2889:J:Brennan:aut:T:fnOp:N:3096719:S:0 Patent might meet the “same field of endeavor” test for prior art. http://cafc.uscourts.gov/opinions-orders/22-1138.OPINION.9-11-2023_2188240.pdf Board’s focus on expert’s typo in IPR challenge to patentability required do-over. [read post]
13 Sep 2023, 9:05 pm
The SEC has a storied history of proceeding through such actions to test the ambit of its authority under the Howey standard. [read post]
12 Sep 2023, 11:21 am
– A candy company was getting complaints that batches of its candy had a medicinal taste. [read post]
11 Sep 2023, 6:07 am
The Court of Appeals holds firm on the materiality test but this decision pushes the limits of that standard in noting that no particular personnel decision is automatically excluded from serving as the basis of a cause of action under Title VII. [read post]
11 Sep 2023, 4:37 am
Essentially, it boils down to two intertwined questions: Does the complaint allege an injury to the plaintiff from the alleged improper payments distinct from any injury to the company ? [read post]
9 Sep 2023, 6:52 am
.' This is known as the close nexus test. [read post]
8 Sep 2023, 4:00 am
California – San Francisco Corruption: Ex-parole agent pleads guilty in bribery case San Francisco Standard – Noah Baustin | Published: 8/31/2023 An ex-parole agent and local pop singer pleaded guilty to bribery charges in federal court, marking the latest development in a Justice Department investigation uncovering corruption in San Francisco City Hall. [read post]
7 Sep 2023, 7:23 am
Filed in a Pennsylvania federal district court, the lawsuit asserts violations under the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act. [read post]
6 Sep 2023, 2:35 pm
We at the International Center for Law & Economics (ICLE) have written extensively on the intersection of the First Amendment, the regulation of online platforms, and the immunity from liability for user-generated content granted to platforms under Section 230 of the Communications Decency Act of 1996. [read post]
6 Sep 2023, 10:49 am
Zillow recorded a 32% increase in complaints during the weeks after the transition. [read post]
6 Sep 2023, 9:51 am
This standard applies to union and union-free settings. [read post]
6 Sep 2023, 5:01 am
Second, "anyone in the State may file a complaint against Ms. [read post]
3 Sep 2023, 4:43 pm
The complaints relate to: Two editions of Friday Morning with Esther and Phil (presented by husband and wife Conservative MPs Esther McVey and Philip Davies); “State of the Nation”, a programme presented by another Tory MP, Jacob Rees-Mogg; and an episode of the Laurence Fox show which was guest presented by Martin Daubney. [read post]
3 Sep 2023, 3:53 am
By focusing on a broad facts and circumstances test, it will be harder to state with any degree of certainty whether what appears to be individual conduct or complaints will later be viewed by the Board as activity in concert with others and, thus, protected. [read post]
