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14 Mar 2022, 2:00 am by Mark Schickman, Schickman Law
McDonnell Douglas’ Fatal Third Level PPG asked the court to dismiss Lawson’s claim without trial under the McDonnell Douglas test. [read post]
13 Mar 2022, 5:13 pm by INFORRM
The Plaintiff sued YouTube after the platform took down one of her videos in response to a Digital Millennium Copyright Act (DMCA) takedown notice. [read post]
12 Mar 2022, 8:50 am by Arfaa Law Group
The plaintiff then filed a medical malpractice lawsuit against the family practitioner, alleging that he suffered permanent damages due to the practitioner’s failure to diagnose the tear or recommend follow-up testing. [read post]
11 Mar 2022, 7:16 pm by Ilya Somin
That leaves the Executive with the power to expel the Plaintiffs (per § 265) to any place where the Plaintiffs will not be persecuted (per § 1231(b)(3)(A)). [read post]
11 Mar 2022, 3:15 pm by Daniel S. Blynn
., that the receipt of one or two allegedly unsolicited, autodialed text messages does not constitute a sufficiently concrete injury to confer standing on the plaintiff. [read post]
11 Mar 2022, 1:33 pm by Eugene Volokh
The New York Legislature strengthened its "anti-SLAPP" statute in 2020, among other things by requiring even private figure plaintiffs to show "actual malice" in public-concern libel cases. [read post]
11 Mar 2022, 6:40 am by Second Circuit Civil Rights Blog
While the Second Circuit has addressed joint employment in Fair Labor Standards Act cases, it starts from scratch under Title VII, though the Court largely applies the test under FLSA cases: asking whether the proposed joint employer has enough control over the plaintiff's employment. [read post]
10 Mar 2022, 9:14 am by Richard Hunt
In the Eleventh and some other circuits the courts evaluate allegations of intent to return using a four factor test that may lead to dismissal if the allegations are insufficient. [read post]
9 Mar 2022, 10:16 am by Rebecca Tushnet
” Then the court recited the elements of false advertising under §43(a)(1)(B), and then it identified the multifactor confusion test as the relevant test, so your guess is as good as mine about what provision is at issue. [read post]
8 Mar 2022, 5:32 pm by Howard Friedman
Rather, they have created a system of religious exemptions and refused to extend it to Plaintiffs based on responses, or lack thereof, to a supplemental form. [read post]
8 Mar 2022, 11:30 am by Jonathan Bailey
These cases may very well become major tests of how the courts rule on these cases post-Led Zeppelin. [read post]
8 Mar 2022, 7:39 am by Zak Gowen
In the lawsuit, a group of plaintiffs made up of consumers, health insurance companies and other third-party payers alleged that by drastically raising the price of EpiPens, the drugmaker was “unlawfully exercising its monopoly power,” according to a complaint. [read post]
His justification was that it was “likely that [plaintiffs] would prevail on the merits. [read post]
6 Mar 2022, 7:47 am by David Adelstein
 But then the court needs to determine whether the error that occurred was a harmless error: “To test for harmless error, the beneficiary of the error has the burden to prove that the error complained of did not contribute to the verdict. [read post]
4 Mar 2022, 2:33 pm by Flaxman Law Group
In order to get these tests, patients need to be referred for them by a doctor who suspects cancer or another serious illness. [read post]
4 Mar 2022, 9:18 am by Eric Goldman
Like the US Supreme Court in Tam and Brunetti, the Federal Circuit in Elster declined to decide whether trademark laws that regulate speech based on its content are subject to “strict scrutiny and the compelling government interest test, or Central Hudson’s intermediate scrutiny and the substantial government interest test. [read post]
4 Mar 2022, 8:00 am by David Urban
  The plaintiffs’ theory is that President Trump’s page constitutes one that is government-hosted, so that First Amendment standards apply. [read post]