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9 Jun 2022, 9:23 am
The statute’s language itself, of course, captures far more than just that circumstance, and in fact the provision is written broadly enough that it can be read to include within its scope some of the more creative theories that a plaintiff’s lawyer might come up with. [read post]
8 Jun 2022, 11:05 am
Plaintiff refused, and the district court denied the motion. [read post]
8 Jun 2022, 8:52 am
If the appeal fails (or ultimately is not pursued), California corporations may expect legislators to go back to the drawing board to draft new legislation that will pass the strict scrutiny test. [read post]
7 Jun 2022, 8:12 pm
But plaintiff’s lawyers on on his team. [read post]
7 Jun 2022, 5:00 pm
Posted on Civil Rights Blog / Blog / Fact Check: Do Police Have a Duty To Protect Individuals Fact Check: Do Police Have a Duty To Protect Individuals? [read post]
7 Jun 2022, 4:00 pm
According to the court, the defendant’s argument that a class action was somehow an inferior method of adjudication ignored binding legal precedent.Due to the rejection of the defendant’s arguments, and the plaintiff's satisfaction of the governing five-factor test, the New York County Supreme Court granted the tenant's motion for class based relief.# # #A copy of the decision can be found here: Quinatoa v. [read post]
7 Jun 2022, 3:51 am
Can a white lawyer who isn’t dedicated to the cause competently represent defendants or must public defenders also pass an ideological litmus test atop the bar exam before being allowed to walk into the well? [read post]
6 Jun 2022, 3:36 pm
" This test has both objective and subjective elements: "the conduct complained of must be severe or pervasive enough that a reasonable person would find it hostile or abusive, and the victim must subjectively perceive the work environment to be abusive. [read post]
6 Jun 2022, 2:34 pm
The lower court had allowed plaintiff's Second Amendment challenge to go forward; note that plaintiff wants to set up a range on his "4.66-acre tract of land," not (say) in a studio apartment: The Ordinance imposes a burden on the Second Amendment right to maintain proficiency in firearm use by essentially imposing an outright ban on target shooting everywhere in the Township except two specific zoning districts. [read post]
6 Jun 2022, 9:47 am
Some of the things I worry about the most: the low filing cost and simplified procedures will invite unmeritorious claims that will prompt defendants to accept low-value settlements rather than fight. plaintiffs will use their filing of a CCB claim (or passing the screening test) to scare defendants into accepting unwarranted settlements. [read post]
6 Jun 2022, 9:41 am
” The undisputed, ultimate point is that the Exclusion applies only to transgender members, and it applies to Lange [the plaintiff] because she is transgender. [read post]
6 Jun 2022, 5:02 am
She was diagnosed with pancreatitis, which was deemed a result of the test. [read post]
6 Jun 2022, 3:30 am
After the plaintiff took her drug test, someone in employee relations called the plaintiff and informed her that they had received her drug test results and that the plaintiff’s job was at risk. [read post]
5 Jun 2022, 7:02 pm
A description of a legal test is a conclusion that could apply to many different allegations. [read post]
5 Jun 2022, 4:43 am
These cases act as test cases in extensive mass tort litigation to give everyone involved a clear idea of the compensation each person should receive. [read post]
5 Jun 2022, 4:43 am
These cases act as test cases in extensive mass tort litigation to give everyone involved a clear idea of the compensation each person should receive. [read post]
3 Jun 2022, 2:07 pm
§ 1983 as six circuits have held, or whether Section 1983 claims permit a plaintiff to obtain a double recovery, as three circuits have held. [read post]
3 Jun 2022, 10:40 am
For foreign cartel conduct to meet the direct effects test, the conduct must have a direct, substantial and reasonably foreseeable effect on U.S. commerce and the U.S. effect must give rise to the plaintiff’s claim. [read post]
3 Jun 2022, 10:03 am
Jan. 31, 2020), the district court found that plaintiff stated a claim under the DTSA where the defendant was accused of misappropriating plaintiff’s trade secrets and using them to replicate the plaintiff’s salad production facility. [read post]
3 Jun 2022, 4:00 am
The court said in part:Rocky Knoll’s COVID-19 testing policy is neutral. [read post]
