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12 May 2022, 6:40 am
It further stated that “[t]he discrepancies among at least some of the Plaintiffs’ testimony shows that the central question in this case – whether Plaintiffs were employees or independent contractors – would require an intensive review of each Plaintiff’s relationship with HDL. [read post]
12 May 2022, 6:29 am
The court noted that New York courts had already considered and declined to apply the pandemic’s influence on workplaces and possible effects on the “impact test. [read post]
12 May 2022, 6:02 am
Mars, Inc., 891 F.3d 857, 866 (9th Cir. 2018) (cleaned up), or at least the test changes depending on the situation. [read post]
11 May 2022, 1:54 pm
The insistence on openness applies even when the plaintiff is seeking an injunction expunging a finding of misconduct and not merely damages. [read post]
11 May 2022, 10:34 am
Plaintiffs challenged the bans on long guns and semiautomatic centerfire rifles under the Second Amendment. [read post]
10 May 2022, 3:29 pm
That test requires the court to consider where the impact of an employer’s discrimination was felt. [read post]
10 May 2022, 6:01 am
The vast majority of the initial filings of that were made by pro se Plaintiff's attorney [Payson]. [read post]
9 May 2022, 8:03 pm
This version of a breach of the duty of loyalty claim typically is made when a plaintiff cannot establish lack of independence or lack of disinterestedness. [read post]
9 May 2022, 7:01 am
" Here, after liberally construing the pleadings, I find that Plaintiff has not met the Calder test. [read post]
9 May 2022, 5:58 am
That is the inquiry that Circuit City demands.Under this test, Judge Pooler writes, "the plaintiffs here are paradigmatic transportation workers" in part because their work consists of delivering baked goods and their daily work is centered on the transport of goods in interstate commerce. [read post]
9 May 2022, 3:16 am
The wisdom of the client’s choice is not the legal test that matters herein. [read post]
8 May 2022, 7:13 am
” Therefore, in order to issue an order to preserve the status quo, all 4 prongs of the this test must be met. [read post]
8 May 2022, 6:30 am
In the first test of a state’s board-diversity requirement, a Los Angeles County Superior Court judge has entered summary judgment in favor of the plaintiff in Crest v. [read post]
8 May 2022, 6:30 am
In the first test of a state’s board-diversity requirement, a Los Angeles County Superior Court judge has entered summary judgment in favor of the plaintiff in Crest v. [read post]
7 May 2022, 5:01 pm
As this blog has reported, ethical failure allegations played a key role in Vice Chancellor Morgan Zurn’s Sept 9, 2021 landmark ruling which found plaintiffs’ derivative director oversight claims met the tough pleading standards of the Delaware Supreme Court’s Marchand ruling with well-supported allegations that a majority of the directors are likely liable for Boeing’s billions of dollars in losses and penalties. [read post]
7 May 2022, 10:24 am
In that exchange, the plaintiff demanded that the defendant contact Amazon executives and withdraw his opposition, promising that, if the defendant did so, the plaintiff could "stop the growing forces that will end councilman VanJobkillers career," but, if the defendant refused, the plaintiff would "add another sound bite on to the funeral pyre of Jimmys [sic] career" during the plaintiff's upcoming television appearance. [read post]
7 May 2022, 5:01 am
The Plaintiff retained Mr. [read post]
7 May 2022, 4:00 am
” The same test of extreme and outrageous conduct has also been applied to causes of action for negligent infliction of emotional distress. [read post]
6 May 2022, 4:39 pm
" The same test of extreme and outrageous conduct has also been applied to causes of action for negligent infliction of emotional distress. [read post]
6 May 2022, 11:17 am
In the PRO case, the Supreme Court noted that the copyright defense of fair use was far from a perfect solution for testing the limits of copyright. [read post]
