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13 Apr 2022, 12:43 pm
The plaintiffs argued that Congress could not unilaterally pull out of a treaty; the justices said they could, and that case remains the law today, even though it sustained an objectionable piece of legislation. [read post]
13 Apr 2022, 11:14 am
The plaintiff’s allege that the City used two physical tests (the Step Test and the Lifting and Moving Sequence Test to terminate women from paramedic training classes. [read post]
12 Apr 2022, 8:42 am
Currently, there are several other lawsuits to test PLCAA protections. [read post]
11 Apr 2022, 9:05 pm
., an interlocutory appeal in a shareholder class action challenging a going private merger, is currently pending before the Iowa Supreme Court.[1] The appeal will test the strength of a director-liability shield law patterned on the Model Business Corporation Act template. [read post]
11 Apr 2022, 1:07 pm
A federal magistrate judge issued an order finding that the arbitration agreement “does not contain wording sufficient for plaintiff to have had a clear understanding that by agreeing to arbitration, [plaintiff] waived the right to bring certain claims in a court of law before a judge or jury. [read post]
11 Apr 2022, 12:44 pm
Will all of these tests mean the investigator will do a great job? [read post]
11 Apr 2022, 9:32 am
Marler Clark LLP represented the plaintiffs. [read post]
10 Apr 2022, 6:16 am
Companies won motions to dismiss in cases involving a COVID-19 rapid test (Sona) and a monoclonal antibody treatment (Sorrento, discussed here). [read post]
9 Apr 2022, 2:35 pm
The Eighth Circuit also reversed the trial court's dismissal of the plaintiffs' claims that the eviction moratorium violated the Contracts Clause of the Constitution, and that the moratorium might qualify as a taking even under the Penn Central test. [read post]
9 Apr 2022, 7:31 am
.): In this atypical civil-rights case, Plaintiff Shandle Marie Riley brings several claims stemming from a traffic stop that ultimately resulted in her baptism—yes, baptism—by on-duty Hamilton County Sheriff's deputy Defendant Daniel Wilkey. [read post]
8 Apr 2022, 8:11 pm
It will be interesting to see how plaintiffs would prove that they lost revenue from rent because they had to work from home. [read post]
8 Apr 2022, 10:53 am
On appeal, First Solar argued that the trial court identified the correct relatedness standard, but mistakenly applied a balancing test. [read post]
8 Apr 2022, 5:00 am
Although Plaintiff was injured while practicing for the candidate physical ability test, a mandatory component of the required training and which had not occurred in the course of his actual performance of the required test, the Appellate Division opined that "successful completion of the candidate physical ability test was a necessary requirement of Plaintiff's position. [read post]
8 Apr 2022, 5:00 am
Although Plaintiff was injured while practicing for the candidate physical ability test, a mandatory component of the required training and which had not occurred in the course of his actual performance of the required test, the Appellate Division opined that "successful completion of the candidate physical ability test was a necessary requirement of Plaintiff's position. [read post]
7 Apr 2022, 6:38 am
This ruling overturns decades of law in the Second Circuit, which had held that these cases cannot proceed unless the plaintiff can show the case ended in a manner that indicated the plaintiff was innocent of the underlying criminal charges.The case is Thompson v. [read post]
6 Apr 2022, 1:24 pm
Under the test articulated by the Delaware Supreme Court in United Food & Commercial Workers Union v. [read post]
6 Apr 2022, 7:14 am
First, the server test has not been widely adopted outside the Ninth Circuit. [read post]
5 Apr 2022, 12:57 pm
In the matter currently before the SCOTUS, plaintiff worked as a sales agent for a cruise company. [read post]
5 Apr 2022, 4:26 am
Another common quality of a SLAPP is the power imbalance between the plaintiff and the defendant. [read post]
4 Apr 2022, 1:48 pm
The company holds no patents, has only a dozen or so test trucks, and may be more bark than bite. [read post]
