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18 Oct 2021, 8:31 am
Wielding dominance theory, competitor-plaintiffs should have standing to challenge transactions by dominant firms that foreclose or limit the plaintiff’s ability or incentive to compete. [read post]
18 Oct 2021, 1:37 am
The DCMS states that many controllers have found the balancing test difficult to perform, but this criticism appears to be based on a misunderstanding of the current law, which is already tipped in favour of the controller. [read post]
17 Oct 2021, 6:52 pm
Applying the test for fair comment from Grant v. [read post]
17 Oct 2021, 2:17 pm
A typical epidemiologic study may contain hearsay leaps from patient to clinician, to laboratory technicians, to specialists interpreting test results, back to the clinician for a diagnosis, to a nosologist for disease coding, to a national or hospital database, to a researcher querying the database, to a statistician analyzing the data, to a manuscript that details data, analyses, and results, to editors and peer reviewers, back to study authors, and on to publication. [read post]
16 Oct 2021, 6:32 pm
Biden, (MD FL, filed 10/15/2021) alleges in part:Plaintiffs ... face a deadline under the Federal COVID-19 Vaccine Mandate to receive a COVID-19 vaccine that violates their sincerely held religious beliefs, and have been refused any religious exemption or accommodation....Plaintiffs all have sincerely held religious beliefs, rooted in Scripture, that preclude them from complying with the Federal COVID-19 Vaccine Mandate because of the connections between the various COVID-19 vaccines… [read post]
16 Oct 2021, 1:24 pm
The court applies the standard three-part test for Section 230: ICS Provider: “OTC disseminates information on listed companies. [read post]
15 Oct 2021, 1:30 pm
This is true whatever formal test the courts have used, either the proportionality test outside the US, which expressly calls for judges to weigh the costs and benefits of a measure, or the Employment Division v. [read post]
15 Oct 2021, 1:21 pm
The plaintiffs were maintenance workers who alleged that, over an extended period, they were deprived of substantial amounts of overtime pay. [read post]
15 Oct 2021, 8:50 am
The plaintiffs respond by relying on a major Third Circuit decision, Martin v. [read post]
15 Oct 2021, 6:37 am
It analyzed the plaintiff’s claims using a four-part test developed in a 1993 ruling: The conduct (1) “would not have occurred but for” the protected category; and it was (2) so “severe or pervasive” that (3) a reasonable person with the same protected characteristic would believe that (4) the conduct “altered…the conditions of employment” and create a “hostile or abusive” work environment. [read post]
15 Oct 2021, 4:00 am
The Federal Court of Appeal noted that The proposed reverse class action tests the limits of what constitutes copyright infringement. [read post]
14 Oct 2021, 3:45 pm
In their responses to the Plaintiffs' motion seeking preliminary injunctive relief, the Defendants have not challenged the sincerity of the Plaintiffs' asserted religious beliefs or that those beliefs are the reason for the Plaintiffs' refusal to be vaccinated. [read post]
14 Oct 2021, 10:51 am
Cannot request a diagnostic test like an X-Ray, MRI or CT Scan. [read post]
14 Oct 2021, 10:00 am
The Ninth Circuit adopted what it called the “server test. [read post]
14 Oct 2021, 8:13 am
B really believes that COVID-19 is uniquely a test from God but not whether COVID-19 really is a test from God. [read post]
14 Oct 2021, 6:32 am
Plaintiff worked for Mobile Life. [read post]
14 Oct 2021, 4:00 am
Next, as a plaintiff, you will have to show injury. [read post]
14 Oct 2021, 4:00 am
Next, as a plaintiff, you will have to show injury. [read post]
14 Oct 2021, 4:00 am
Next, as a plaintiff, you will have to show injury. [read post]
14 Oct 2021, 1:00 am
There was no vehicle near the boom when it struck the plaintiff. [read post]
