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5 Jan 2022, 12:48 pm by Eugene Volokh
" Ultimately, the "test for permitting a plaintiff to proceed anonymously is whether the plaintiff has a substantial privacy right which outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings. [read post]
5 Jan 2022, 10:49 am by Francis Pileggi
  The court described the 3-part test that Delaware employs to determine when a non-signatory is bound to a forum selection clause. [read post]
Irrespective of the accuracy of this concern—which has not yet been tested in court—this practice may deprive insurers of potentially useful information that they could use to improve their underwriting processes or to advise other policyholders. [read post]
Plaintiffs contended that the registration process was discretionary, not ministerial, and was therefore not exempt from CEQA. [read post]
4 Jan 2022, 8:18 pm by divi
Plaintiffs are Walgreens customers who claim Theranos, Holmes, Balwani, and the drug store chain (a former partner with Theranos) took blood samples knowing the testing technology didn’t fully work. [read post]
4 Jan 2022, 7:17 am by Seyfarth Shaw LLP
The only areas of decline were private-plaintiff employment discrimination and government enforcement action settlements. [read post]
4 Jan 2022, 7:08 am by Andy Nikolopoulos
A new FLSA class action seeks to test this truism as two Texas CBD shops are being sued by workers who allege the employer(s) avoided overtime by paying workers with two separate checks. [read post]
4 Jan 2022, 3:47 am
“The purpose of the zone-of-interests test is to ‘foreclose[] suit … when a plaintiff’s interests are so marginally related to or inconsistent with the purposes implicit in the statute that it cannot reasonably be assumed that Congress authorized that plaintiff to sue. [read post]
3 Jan 2022, 6:39 pm by Eugene Volokh
Several Plaintiffs have tested positive for antibodies, showing the presence of natural immunity. [read post]
3 Jan 2022, 12:39 pm by Kevin LaCroix
During the period 2017-2020, the plaintiffs’ lawyers were filing merger objection suits as federal court class action lawsuits. [read post]
3 Jan 2022, 9:00 am by Steven Cohen
  In addition, the court opines that the plaintiff did not provide to the court with any scientific support that the urine tests were reliable to detect for mold. [read post]
3 Jan 2022, 12:58 am by Peter Mahler
The frequency of such motion practice contrasts with the simplicity of the two-factor test devised by the courts for determining whether a claim is direct or derivative. [read post]
2 Jan 2022, 10:07 am by Eric Goldman
The plaintiffs argued that MyLife wasn’t “interactive,” but that’s not the statutory test. [read post]
31 Dec 2021, 10:00 am by Michael Cannan
For a teacher, students’ rising test scores constitute demonstrable evidence that a lesson plan works. [read post]
30 Dec 2021, 5:00 am by Eric Segall
Alito claimed that he was eschewing any formal test to evaluate Section 2 claims and instead listed five open-ended factors for courts to apply. [read post]
30 Dec 2021, 4:30 am by Mark Tabakman
A new FLSA class action seeks to test this truism as two Texas CBD shops are being sued by workers who allege the employer(s) avoided overtime by paying workers with two separate checks. [read post]
29 Dec 2021, 12:00 pm by Kevin LaCroix
In some jurisdictions, such as the US, D&O climate-related claims are already being tested before the courts. [read post]
29 Dec 2021, 11:00 am by Aaron Moss
With the decision, Rakoff became the second SDNY judge to reject the server test, joining a view shared by then-judge Katherine Forrest in 2018’s Goldman v. [read post]