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26 Jan 2022, 9:27 am
It will also drive down plaintiff fees and civil penalties, which is significant given the egregious amounts often sought by plaintiffs’ counsel. [read post]
25 Jan 2022, 2:02 pm
That being said, in response to the Federal injunction against enforcement of the EO 14043 (Federal employee) vaccination mandate, the Task Force issued a statement on January 24, 2022 stating the protocols relating to masking, distancing, travel, testing, and quarantining remain in effect, even though the Government no longer can enforce the vaccination requirement. [read post]
25 Jan 2022, 8:23 am
” Here, the plaintiff raised “a serious question” and that was enough. [read post]
25 Jan 2022, 4:03 am
[A] plaintiff in such a case need not allege any additional harm beyond the one Congress has identified. [read post]
24 Jan 2022, 4:00 am
Unjust enrichment requires that the plaintiff show a benefit to the estate, a corresponding deprivation to the plaintiff, and the absence of a juristic reason for the benefit and deprivation. [read post]
21 Jan 2022, 2:33 pm
There is no question that the School District has enacted a number of safety measures designed to curb the spread of COVID-19 [including physical distancing, cleaning and ventilation, contact tracing, diagnostic and screening testing, and efforts to provide vaccinations to school communities]…. [read post]
21 Jan 2022, 12:30 pm
The officer then sexually abuses several inmates, including the plaintiff, a pretrial detainee. [read post]
21 Jan 2022, 10:37 am
As set forth by the court, “Plaintiffs allege that Mrs. [read post]
21 Jan 2022, 9:16 am
Our team has more than sixty years of combined experience and our thorough approach is designed to support plaintiffs when they need it most. [read post]
21 Jan 2022, 5:41 am
” If the plaintiff can show that the tests, even if reliable, do not establish the proposition asserted by the defendant, “the plaintiff has obviously met its burden” of demonstrating literal falsity. [read post]
20 Jan 2022, 9:03 pm
Finkel estimated that in 2013 there were 8 million U.S. homes where radon levels were “likely to be especially high,” but only one quarter of these homes had ever been tested, despite tests costing less than $40. [read post]
20 Jan 2022, 2:01 pm
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
20 Jan 2022, 1:16 pm
" It then concluded that strict scrutiny was the constitutionally proper test, and that the orders were unconstitutional under that test: In arguing against the application of strict scrutiny, Appellees primarily rely on Silvester v. [read post]
20 Jan 2022, 8:29 am
The case may well become one of the latest to test the “server rule”, a rule that was established by the Ninth Circuit Court of Appeals in 2007 that made it so that sites that hyperlink or embed content from other sites cannot be found liable for direct copyright infringement. [read post]
19 Jan 2022, 6:28 pm
The plaintiff’s bar will continue to test the limits of addressing privacy in private litigation, despite some setbacks in 2021. [read post]
19 Jan 2022, 4:35 pm
Chief Justice John Roberts noted that just because a case is brought as a test case does not always mean that the plaintiffs lack standing. [read post]
19 Jan 2022, 1:06 pm
However, in seeking to sustain his claims, the plaintiff will face a significant challenge meeting the “straight face” test. [read post]
19 Jan 2022, 11:42 am
The relevant date here was December 3, 2016, and the consumer plaintiffs adequately alleged at least two false representations after then. [read post]
19 Jan 2022, 11:25 am
" … [U]nder the test for customary First Amendment workplace retaliation, Plaintiff must allege facts that plausibly show: "(1) he suffered an [read post]
19 Jan 2022, 4:34 am
Landicino, the limits of continuous representation were tested, and plaintiff lost. [read post]
