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25 Jun 2024, 12:00 pm
The court starts with whether Coursera provided reasonably conspicuous notice of the terms, following closely the tests articulated in Berman and Sellers. [read post]
24 Jun 2024, 6:45 am
The plaintiff appeals from that decision. [read post]
23 Jun 2024, 9:19 pm
Dissatisfied with this ruling, the plaintiffs appealed to the Supreme Court of Appeal. [read post]
23 Jun 2024, 8:38 pm
Barrett wrote that in Trump, the Court "assume[d] without deciding that [the] plaintiffs' statutory claims [were] reviewable. [read post]
23 Jun 2024, 11:49 am
If it’s the latter, then treating editorial content offered on a try-before-you-buy basis as advertising seemingly allows false advertising plaintiffs to sue over what is clearly editorial content (which is what I think happens in this case). [read post]
21 Jun 2024, 10:58 pm
Like the application of the 15% cap, this is a test to be applied by the Court considering the totality of the circumstances. [read post]
21 Jun 2024, 11:45 am
In Dobbs, where the plaintiffs asserted a right to abortion (disliked by the conservative super-majority), they bore the burden of marshaling history to their side. [read post]
21 Jun 2024, 8:27 am
Plaintiff would be president and CEO of this independent LOC. [read post]
21 Jun 2024, 5:24 am
All told, the Pickering balancing test weighs against the plaintiffs’ speech being protected. [read post]
20 Jun 2024, 4:19 pm
All told, the Pickering balancing test weighs against the plaintiffs' speech being protected. [read post]
20 Jun 2024, 1:29 pm
Meanwhile, Zehava Friedman and a group of plaintiffs argue that the same panel of the D.C. [read post]
20 Jun 2024, 3:58 am
The report makes a number of other interesting points Only 44% of anti-SLAPP motions brought in 2023 involved claims brought by corporate plaintiffs. [read post]
18 Jun 2024, 9:01 pm
Applying the source-and-purpose test, the Supreme Court held that the CFPB’s funding mechanism was consistent with the Appropriations Clause and historical practice. [read post]
18 Jun 2024, 9:19 am
If that’s the test, then very few types of data will qualify as identifiers. [read post]
18 Jun 2024, 7:37 am
Additionally, the plaintiff’s expert countered that the doctor failed to adequately communicate the need for follow-up testing and should have contacted the patient or his representative after discharge. [read post]
17 Jun 2024, 11:25 am
Defendant has not come close to meeting that test. [read post]
17 Jun 2024, 5:00 am
Under this test, the court must determine: Does the evidence establish the employee’s deceitful conduct, on the balance of probabilities? [read post]
17 Jun 2024, 5:00 am
Under this test, the court must determine: Does the evidence establish the employee’s deceitful conduct, on the balance of probabilities? [read post]
17 Jun 2024, 3:37 am
Plaintiffs argued that New York law applies. [read post]
16 Jun 2024, 4:16 pm
The issue before the court was whether such special circumstances applied, as the plaintiff contended. [read post]
