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27 Oct 2021, 4:00 am
Platnick, 2020 SCC 23, 449 D.L.R. (4th) 45, at paras. 107-108. [35] For a defendant to rely on the defence of fair comment, they must satisfy the following test: (a) the comment must be on a matter of public interest; (b) the comment must be based on fact; (c) the comment, although it may include references of fact, must be recognizable as comment; (d) the comment must satisfy the following objective test: could any person honestly express the opinion of the defendant on the proved… [read post]
27 Oct 2021, 4:00 am
A weekly COVID-19 testing option is available “only if an employer has granted an employee a reasonable accommodation. [read post]
26 Oct 2021, 5:08 pm
As discussed below, a new case filed in California state court could test the enforcement of one of the most common family of open source licenses, the GNU General Public Licenses or “GPL. [read post]
26 Oct 2021, 4:48 pm
Nothing in the legislative history reflects any intent to alter or eliminate CCP § 389(b)’s equitable balancing test for determination by the courts of whether necessary real parties are also indispensable. [read post]
25 Oct 2021, 1:46 pm
” Plaintiff had no other testing or treatment with any mental health providers. [read post]
25 Oct 2021, 10:13 am
A study found that two, smaller doses of its vaccine generated a strong immune response in the children tested. [read post]
25 Oct 2021, 8:12 am
For another, the followup Second Circuit case, Cliffs Notes—unlike Gordon—says you have to remember the important First Amendment interests at stake even when you’re back in multifactor test land.] [read post]
25 Oct 2021, 8:06 am
However, plaintiffs alleged material misrepresentations and reliance. [read post]
25 Oct 2021, 4:00 am
One of plaintiffs' objections was to language rejecting any religious exemption based on opposition to "specific vaccinations". [read post]
24 Oct 2021, 9:08 pm
An effective PrEP regimen is more than just a pill; it includes periodic HIV testing, hepatitis B and C testing, creatinine testing, kidney function tests, pregnancy testing, STI screening, and adherence counseling. [read post]
24 Oct 2021, 9:05 pm
For example, in the Fifth Circuit, courts may require more than mere speculation about a plaintiff’s intent to access or return to a place of public accommodations, whereas, in the Ninth Circuit, courts have permitted plaintiffs to bring “test” cases under Title III to challenge inaccessible hotels. [read post]
23 Oct 2021, 5:09 am
The plaintiffs also referenced a July 2021 Pennsylvania Supreme Court decision (Heimbach v. [read post]
22 Oct 2021, 6:45 am
Ava’s estate was substituted as a plaintiff after she passed away in 2018. [read post]
22 Oct 2021, 3:30 am
In the case before Judge Leeson, Plaintiff claimed that Defendant informed him that it was firing him for a positive drug test, and then Plaintiff informed Defendant that he was a medical marijuana user. [read post]
20 Oct 2021, 10:05 am
" The court therefore ordered that the documents be unsealed, though with redactions to "the Plaintiffs' personal identifying information, such as Ms. [read post]
20 Oct 2021, 9:38 am
As to testing, Maine CDC concluded that regular testing cannot prevent transmission given how quickly an infected person can transmit the delta variant and how long accurate testing takes. [read post]
20 Oct 2021, 4:00 am
That same regulation also sets out the evidentiary requirements the plaintiff must meet in order to demonstrate he falls within an exception to the general immunity to damages, including that there must be evidence from one or more qualified physicians who conclude the injured person meets the elements of this test and evidence that corroborates the alleged change in function: O. [read post]
19 Oct 2021, 1:36 pm
To avoid paying the increased treatment costs under a family medical insurance benefit when the plaintiff’s wife developed a costly medical condition, the Flagg defendant terminated an otherwise qualified, adequately performing plaintiff. [read post]
19 Oct 2021, 9:50 am
Nor were Plaintiffs’ servers disrupted. [read post]
19 Oct 2021, 6:54 am
According to the Ninth Circuit, Troice brought a more demanding implied materiality element into Dabit's "coincide" test. [read post]
