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11 Aug 2021, 6:00 am
Chapman’s methodology had not been proven or tested,” and it found in favor of plaintiff and awarded her “compensatory damages and additional damages for her pain and suffering. [read post]
10 Aug 2021, 1:48 pm
While concerning, opportunities to test and develop resilience in pre-admission lawyers are invaluable. [read post]
10 Aug 2021, 8:55 am
Dyment, para. 22) Implicitly, the Ontario Court of Appeal also seems to be ready to accept, where appropriate, the tort of “[p]ublic disclosure of embarrassing private facts about the plaintiff” (Jones v. [read post]
10 Aug 2021, 4:37 am
That leaves one other claim that could benefit the school district and parent plaintiffs. [read post]
10 Aug 2021, 12:15 am
We’ve previously blogged about Covid-19 related securities litigation, but this Proskauer blog flags something a little different – derivative litigation targeting comp awards that the plaintiffs essentially claim were “spring loaded” due to the pandemic-related market volatility: While we are growing accustomed to pandemic-based shareholder actions relating to improper health and safety disclosures or misrepresentations relating to COVID-19 treatments and… [read post]
9 Aug 2021, 6:16 pm
The plaintiff signed an outbound travel contract with Zhejiang China Travel Agency for such cruise tour. [read post]
9 Aug 2021, 3:27 pm
Plaintiff Ingram was chosen. [read post]
9 Aug 2021, 2:38 pm
Where the acts were clearly lawful under applicable non-bankruptcy law, courts use a balancing test, but that didn’t matter here because the literally false and intentionally misleading advertising campaign was not “ordinary course commercial conduct,” but rather unlawful under nonbankruptcy law.Defendants unhelpfully argued that they subjectively didn’t believe they were violating the stay, which didn’t matter. [read post]
9 Aug 2021, 10:44 am
If a court determines an individual was detained or imprisoned without reasonable grounds, the analysis proceeds to step two of the two-step test. [read post]
9 Aug 2021, 9:26 am
Plaintiffs contend that, because "NCLH's vessels reach international waters and sail to interstate and foreign ports, many of which require proof of vaccination to enter without testing …. [read post]
9 Aug 2021, 8:10 am
In Palmiter, the plaintiff employee was terminated from her job for failing a drug test, despite informing the laboratory that she was prescribed medical marijuana and providing a copy of her medical marijuana certification. [read post]
7 Aug 2021, 5:39 pm
” In determining the constitutionality of the law, the court applied a two-step test. [read post]
6 Aug 2021, 12:30 pm
Also, this pro se plaintiff could use some help. [read post]
6 Aug 2021, 4:43 am
A recent case is testing whether that strategy is legal. [read post]
6 Aug 2021, 4:00 am
Originally, plaintiffs sued on behalf of all registered American voters and said the 2020 election involved a conspiracy between governors, secretaries of state, election officials, Dominion, Facebook, and more. [read post]
5 Aug 2021, 7:12 pm
With regard to immunity, the court engaged in a requisite test and concluded that both Juarez and Lopez were entitled to qualified immunity. [read post]
5 Aug 2021, 12:12 pm
Rail Corp., 926 F.2d 1344, 1348 (3d Cir. 1991) (“When reviewing the jury’s finding . . . , we give [plaintiff], as verdict win [read post]
5 Aug 2021, 6:25 am
Without doing any independent confirmation via, for example, the hiring of experts, or speaking to lawyers who had filed other failed lawsuits, they improperly accepted allegations from those suits and from media reports at face value and cut and pasted them into their Complaint and Amended Complaint; (5) That because of its inherent legal flaws and the inadequate inquiry into the factual allegations by Plaintiffs' counsel, this lawsuit should never have been filed in the first place… [read post]
4 Aug 2021, 11:58 am
The students filed the complaint challenging both the vaccination mandate and the precautions concerning masks, frequent mitigation testing and quarantine requirements for those who test positive for COVID-19. [read post]
4 Aug 2021, 10:35 am
If you fail to disclose a cancer test and then can’t earn an income because of cancer? [read post]
