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4 Apr 2024, 5:01 am by Eugene Volokh
United States) "the best test of truth is the power of the thought to get itself accepted in the competition of the market. [read post]
4 Apr 2024, 4:30 am by Lawrence Solum
But the reasonable person test is inadequate: It obscures critical questions, including the relative weight we should give to descriptive rather than normative perspectives, to subcommunities as opposed to larger communities, or to the varying perspectives of the plaintiff, the speaker, and the relevant community. [read post]
4 Apr 2024, 4:00 am by Administrator
” According to the New York Times, plaintiffs were using defamation law for the typical purpose of dissuading speech that results in reputational damage. [read post]
3 Apr 2024, 9:05 pm by renholding
Chance further examined Feinstein’s synthetic stock price test and found that over the sample period the synthetic stock price implied by the Apple options had a near-perfect correlation with the actual stock price. [read post]
3 Apr 2024, 7:01 pm by Stephen Halbrook
  After Mongan concluded, Erin Murphy argued for the Duncan plaintiffs. [read post]
3 Apr 2024, 4:08 pm by admin
There is some evidence to support this negative assessment of peer review from testing of the counter-factual. [read post]
3 Apr 2024, 1:28 pm by Kevin LaCroix
Earlier this week, a plaintiff shareholder filed a securities lawsuit against health services management company Agilon Health, in which the plaintiff alleged that the company had understated the impact of the COVID-19 on patient utilization rates, thereby overstating key financial metrics. [read post]
3 Apr 2024, 5:06 am by Scott Bomboy
A federal district court agreed with the plaintiffs and cited another Ninth Circuit case, Martin v. [read post]
2 Apr 2024, 9:05 pm by renholding
They argue that bankruptcy prevents plaintiffs from testing novel tort theories, that it fails to protect future claimants, and that it limits discovery that supports future regulation. [read post]
2 Apr 2024, 9:50 am by Jonathan H. Adler
Court of Appeals for the Sixth Circuit also turned away a suit filed by a medical group challenging the FDA's revocation of an emergency use authorization for hydroxychloroquine, concluding it could not meet the test for associational standing. [read post]
2 Apr 2024, 6:02 am by Shareef Farag, Matthew W. Morris
The Court also set forth a test to determine whether the travel time between the security check point and the employee parking lot constituted compensable “employer mandated travel. [read post]
1 Apr 2024, 4:01 pm by Goldfinger Injury Lawyers
If the injuries are not found by a Judge to be both “serious and permanent”, then the case does not meet the threshold test and will not have any value for the general damages. [read post]
1 Apr 2024, 6:18 am by Second Circuit Civil Rights Blog
" Another puzzle followed the 1991 amendments to Title VII, which incorporated a motivating-factor causation standard, abandoning the "but-for" test that the Supreme Court had adopted a few years earlier. [read post]
29 Mar 2024, 12:25 pm by Lawrence Solum
Instead, the test borrows from the non-retrogression principle once used in Voting Rights Act Section 5 cases: a plaintiff would have an evidentiary burden to show that a new law will make it harder for voters to participate or will reduce turnout. [read post]
29 Mar 2024, 12:18 pm by John Ross
But does she have what it takes to satisfy her third-stage burden under the McDonnell Douglas test? [read post]
29 Mar 2024, 8:58 am by David Post
A plaintiff satisfies the injury-in-fact requirement [for standing] where he [sic] alleges an intention to engage in a course of conduct arguably affected with a constitutional interest, but proscribed by a statute, and there exists a credible threat of prosecution thereunder. [read post]
29 Mar 2024, 8:22 am by admin
For a very long time, the common law set out a minimal test for expert witness opinion testimony. [read post]
29 Mar 2024, 5:01 am by Eugene Volokh
Ill. 2019) ("The Court concludes that the Stipulation should be approved, and judgment should be entered in favor of Plaintiffs. [read post]