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27 Jul 2023, 6:13 am
But the Second Circuit notes that courts still apply Rooker-Feldman in limited circumstances, and the Court notes:In our circuit, we have articulated a four-part test according to which Rooker-Feldman applies if “(1) the federal-court plaintiff lost in state court; (2) the plaintiff complains of injuries caused by a state court judgment; (3) the plaintiff invites review and rejection of that judgment; and (4) the state judgment was rendered before the… [read post]
16 Dec 2015, 11:45 am
The court first cited the four-factor test necessary to obtain an injunction, which states that a plaintiff must show: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction. [read post]
9 Oct 2014, 2:47 pm
The doctrine merely goes to the first two steps in the standard four-factor test for duty (reasonable foreseeability of injury; likelihood of injury; burden of guarding against the injury; and consequences of placing that burden on defendant). [read post]
5 Mar 2014, 1:17 pm
My resolve was tested with Judge Murphy's decision last week in Speedway Motorsports Int'l , Ltd. v. [read post]
30 Jul 2014, 7:00 am
Contrary to the trial court's analysis, the test for employee status was not how much control the employer exercises over its workers, but how much control the employer retains the right to exercise. [read post]
19 Apr 2022, 7:33 am
The ICO and several TDEs arrived, but the plaintiffs received no tokens. [read post]
3 Oct 2023, 4:15 am
The court rejected plaintiffs' Equal Protection claim because plaintiffs had not identified any state action involved. [read post]
1 May 2021, 8:23 pm
FBI (D.D.C.) -- on reconsideration under Rule 60(b), finding that FBI justified its use of Exemptions 7(E) and 7(F) to withhold videos depicting ballistics tests of certain types of ammunition. [read post]
13 Feb 2020, 5:00 am
During that first day of work, the Plaintiff was operating a standup forklift when he collided with a parked forklift and allegedly sustained injuries as a result.The Plaintiff sued FedEx following this incident.FedEx eventually filed a Motion for Summary Judgment requesting the dismissal of the Plaintiff’s claims for negligence on the basis that FedEx was Solomon’s statutory employer and was therefore immune from suit under the Pennsylvania Workers’… [read post]
1 May 2019, 1:40 pm
Basedon those premises, Hi-Tech and Vital argued that plaintiffswould have discovered that the accused products did notinfringe had they read the labels on the accused productsand conducted simple tests before suing. [read post]
5 Nov 2018, 7:04 am
As a general proposition, the Supreme Court’s Central Bank opinion foreclosed aiding and abetting liability in private securities suits because of the possibility that the plaintiff might not have relied on the aider and abettor’s statements. [read post]
13 Dec 2010, 6:55 am
From a legal perspective, the FDA testing standard a medical product is subjected to is very important. [read post]
5 Apr 2017, 8:23 am
Plaintiff fell off a tree stand ladder manufactured by the defendant. [read post]
24 May 2017, 8:36 am
The plaintiff hired two expert witnesses to prove their case. [read post]
5 Apr 2017, 8:23 am
Plaintiff fell off a tree stand ladder manufactured by the defendant. [read post]
24 May 2017, 8:36 am
The plaintiff hired two expert witnesses to prove their case. [read post]
8 Apr 2014, 6:15 am
The plaintiff in Luberda v. [read post]
2 Dec 2010, 5:02 am
This is a complicated inquiry, as shown by the multi-factor test in Vezzetti v. [read post]
5 Dec 2016, 11:29 am
The plaintiffs argue that Patricia J. [read post]
20 Jan 2015, 2:41 pm
” Plaintiff sought an order permitting disposal. [read post]
