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18 Mar 2022, 5:48 pm
For this reason, the Court concluded that plaintiffs should look for relief in Spanish courts. [read post]
18 Mar 2022, 10:05 am
The Roberts court has generally been sympathetic to defendants’ arguments, arising under the FAA, that plaintiffs should be limited to raising their claims in individual arbitration. [read post]
18 Mar 2022, 4:40 am
It was an “economic reality” test. [read post]
18 Mar 2022, 2:02 am
Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in Paragraph [...] and deny same. [read post]
17 Mar 2022, 3:52 pm
We conclude that there is a genuine issue of material fact whether the plaintiffs' First Amendment rights have been violated, but the school officials are entitled to qualified immunity as to the plaintiffs' damages claims because the right at issue was not clearly established when the conduct took place. [read post]
17 Mar 2022, 2:01 pm
There was, however, one major flaw in that argument that the plaintiff’s counsel noticed and exploited. [read post]
17 Mar 2022, 1:16 pm
The Supreme Court called the lower courts’ conversion of “fundamentally identical” test into a standard to assess relatedness an “error. [read post]
17 Mar 2022, 6:53 am
.) -- following multiple rounds of summary judgment, determining that the Army had satisfied plaintiff’s request for her personnel records and performed a reasonable search for test results related to plaintiff’s psychiatric report. [read post]
17 Mar 2022, 6:36 am
The most important thing to bear in mind is that independence is not a once-and-for-all test, something to consider when you are appointed and then treat as settled. [read post]
17 Mar 2022, 5:01 am
These tests, which vary somewhat by jurisdiction, are rooted in the First Amendment anonymity protections that the Supreme Court has long recognized. [read post]
16 Mar 2022, 6:17 pm
Without a timely-filed registration, a plaintiff can’t recover fees from the defendants even if he prevails. [read post]
16 Mar 2022, 11:39 am
Plaintiffs think that there is a large CSI style crime data base for all of the bad guys in the world and through some crazy DNA tests we can track them down. [read post]
16 Mar 2022, 11:36 am
Plaintiffs’ notices may have conferred scienter. [read post]
15 Mar 2022, 1:32 pm
There are many medically acceptable reasons for a misdiagnosis, such as two conditions that are very similar or inaccurate test results. [read post]
15 Mar 2022, 10:25 am
The defendant radiologist reviewed the test results and observed nodular densities in the lower lobe of the plaintiff’s right lung. [read post]
15 Mar 2022, 8:47 am
A Restatement version of the tort might look something like this: A defendant is subject to liability for a plaintiff if the defendant assumed a position of leadership within an association that recklessly caused a member of the association to intentionally harm the person of the plaintiff. [read post]
14 Mar 2022, 6:55 pm
The plaintiff is facing a potentially unfavorable rate of duty. [read post]
14 Mar 2022, 9:44 am
The results in the first 11 test trials, which featured the claims of 14 individual plaintiffs, have been decidedly mixed, but the most recent trial grabbed national attention when a pair of plaintiffs were awarded $110 million. [read post]
14 Mar 2022, 4:30 am
And if Harvard only admitted students based on test scores and GPA's, and deliberately altered its criteria for Asians (or any ethnic group) perhaps the plaintiffs could show intentional discrimination. [read post]
14 Mar 2022, 4:00 am
The plaintiffs had a pool in their backyard, and the defendants had one as well. [read post]
