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20 Mar 2024, 10:29 am
The University uses AI-powered software that monitors test-takers’ behaviour through their webcams. [read post]
20 Mar 2024, 6:16 am
Nor did the state court resolve plaintiff's claim under the First Amendment - it instead ruled against plaintiff in finding that adverse employment was arbitrary and capricious as a matter of law, a much different test than the First Amendment analysis.For an issue as complex as this one, you can count on a dissent. [read post]
20 Mar 2024, 5:00 am
At the time, we noted that this case is a litmus test for the “reasonable consumer” standard. [read post]
19 Mar 2024, 10:47 am
First, they must satisfy the threshold test [1], proving that, on a balance of probabilities, their injuries are both permanent and serious. [read post]
19 Mar 2024, 4:00 am
It would not exactly be incitement under the Brandenburg test, after all. [read post]
18 Mar 2024, 2:33 pm
The plaintiffs performed services at a public golf club in South Florida. [read post]
18 Mar 2024, 1:41 pm
Plaintiffs petitioned for certiorari. [read post]
18 Mar 2024, 9:30 am
The plaintiffs filed their lawsuit in 2019. [read post]
18 Mar 2024, 8:03 am
.) -- concluding that: (1) agency conducted adequate search for records, noting that agency reasonably defined a “record” as a single text message (as opposed to “threads”) given plaintiff’s request for specific text messages containing certain terms; (2) FERC properly withheld records pursuant to Exemption 5’s deliberative process privilege, but failed to show foreseeable harm for all but one withholding; and (3) FERC properly relied on Exemption 6 to… [read post]
18 Mar 2024, 6:00 am
" The State Court of Appeals explained that for the purposes of the impact test, a failure to hire or promote case is distinct from a discriminatory termination case. [read post]
18 Mar 2024, 6:00 am
" The State Court of Appeals explained that for the purposes of the impact test, a failure to hire or promote case is distinct from a discriminatory termination case. [read post]
16 Mar 2024, 9:31 pm
’” Indeed, the district court also referred favorably to plaintiffs having, in the court’s view, “indicated that 929,000 tweets were political speech by American citizens. [read post]
US Supreme Court rules public officials can be sued for blocking users on social media in some cases
16 Mar 2024, 11:28 am
If the plaintiff cannot make this threshold showing of authority, he cannot establish state action. [read post]
16 Mar 2024, 6:39 am
For comment deletion, “the only relevant posts are those from which [the plaintiff’s] comments were removed. [read post]
16 Mar 2024, 6:16 am
The plaintiffs argue that there was a “causal and temporal link” between the government’s actions and those of social media companies that affected content posted by individual plaintiffs and state officials. [read post]
15 Mar 2024, 9:18 am
If the plaintiff cannot make this threshold showing of authority, he cannot establish state action…. [read post]
15 Mar 2024, 8:54 am
Plaintiff worked in defendant's Washington, D.C. bureau and applied to work for its bureau in New York City. [read post]
14 Mar 2024, 11:16 am
Whereas Blum emphasized "coercive power," the government's briefs recast this as a "compulsion" test. [read post]
14 Mar 2024, 10:37 am
The court granted summary judgment on liability to plaintiff. [read post]
14 Mar 2024, 8:55 am
With regard to the unfair prong, the Court noted that “one test for determining an `unfair’ practice is [whether] the gravity of the harm to the victim outweighs the utility of the defendant’s conduct. [read post]
