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  In other words, should the property owners be granted injunctive relief, as they requested, and/or should the property owners be compensated for the access granted to organizers? [read post]
30 Jun 2021, 2:59 pm by John Dudrey and Laura Rosenbaum
 “Regularly” means at least every 24 hours when in use, except in situations where employees are only present on a “drop-in” basis or staffing is kept to a minimal level. [read post]
30 Jun 2021, 8:38 am by Eugene Volokh
Similarly, Arnold argues that Oliver does not have a valid claim for retaliation because her refusal to complete the Pledge assignment was not constitutionally protected activity, because "the evidence" shows he did not harass her or treat her differently than other students, and because any adverse actions he took were not motivated by Oliver's refusal to complete the Pledge assignment. [read post]
29 Jun 2021, 11:41 am by Matt Murphy
The Hensley Court agreed the statute created two similarly situated classes. [read post]
28 Jun 2021, 3:09 pm by Robert McLellarn and Steven Gersten
  Thus, a majority of courts have instead limited application of the automatic stay to actions, claims or rights asserted  outside of the bankruptcy court, finding this policy consistent with the penultimate goal of the automatic stay: ensuring an orderly administration of the estate and equal treatment of similarly situated creditors.[9] What does this all mean for businesses in bankruptcy or those asserting claims against them? [read post]
28 Jun 2021, 10:00 am by Comitz Beethe
Loomis, has claimed that Unum violation of the Fair Labor and Standards Act (FLSA), alleging that Unum should have been paying her, and other similarly situated employees, overtime pay. [read post]
25 Jun 2021, 8:35 pm by Eugene Volokh
The theory of liability accepted by this court was that Officer Doe had plausibly alleged that Mckesson knew or should have known that the protest he led onto a public highway would turn confrontational and violent, and thus that, in the course of organizing and leading that protest, he breached a duty of reasonable care owed to Officer Doe and persons similarly situated. [read post]
25 Jun 2021, 4:44 am by Chris Seaton
Similarly, I never told my readers one says “Cock-a-doodle-doo” while the other says “Any cock will do! [read post]
24 Jun 2021, 11:53 am by Eric Goldman
The Ninth Circuit has explained that Section 230(c)(2)(A) covers the situation where the defendant is an “information content provider,” while Section 230(c)(1) does not apply in this circumstance. [read post]
24 Jun 2021, 10:15 am by Eugene Volokh
A review of the case law illuminates the situations in which a work claiming to depict an individual's connection to matters of public interest was so removed from those matters as to fall outside of the newsworthiness exception. [read post]
24 Jun 2021, 10:12 am by John Elwood
I have never considered these full “relists” because the court routinely relists them waiting for the papers to arrive, so they generally have a lower grant rate than other relists. [read post]
23 Jun 2021, 6:11 pm by Samuel Bray
What is perhaps most unusual about this remedial decision is a footnote: "The Court reaches this conclusion without regard to any incidental benefit to other similarly situated White farmers. [read post]
23 Jun 2021, 11:55 am by Amy Howe
However, the court left open the possibility that the shareholders (and others in a similar situation) could still be entitled to some damages if they could show that the removal provision caused them harm. [read post]
22 Jun 2021, 4:51 pm by David Super
  Experience teaches, however, that some of these crucial tests are more difficult to pass than others. [read post]
22 Jun 2021, 1:28 pm by Caroline Davis
In all other situations, however, teacher speech is protected, and any public school teacher disciplined or terminated for protected speech has the right to pursue a legal cause of action against their employer. [read post]
22 Jun 2021, 1:15 pm by Patricia Hughes
However, he and others concluded that having an impact required a national organization. [read post]