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6 Jul 2021, 6:18 am
In Basic and in the 30 years since, Justice Gorsuch wrote, the Court has never even suggested that plaintiffs are relieved from carrying the burden of persuasion: "It is incumbent on the plaintiff to prove reliance, not the defendant to disprove it. [read post]
6 Jul 2021, 4:23 am
” According to CIP, one of the highest priorities of the partnership’s business model – which CIP alleged to have brought to the partnership – was to acquire, expand, and ultimately sell two of the largest marijuana testing laboratories in California, including one called “Cannalysis. [read post]
5 Jul 2021, 6:06 pm
Medical expenses at the hospital – when you arrive at the hospital, you may be met with x-rays, scans, or other tests, as well as treatment options. [read post]
5 Jul 2021, 4:05 pm
Chancery follows a 3-part test to determine if a claim is time-barred. [read post]
4 Jul 2021, 5:49 pm
The en banc high court’s unanimous opinion required the trial court to reconsider its ruling that after the UIP board found the stock sale to the defendant shareholders passed the rigorous entire fairness test they were not required to decide whether it would wrongly tip a 50/50 standoff with plaintiff stockholder Marion Coster. [read post]
2 Jul 2021, 7:58 am
" The Court provided scant explanation for the decision to erect a new hurdle for public-figure plaintiffs so long after the First Amendment's ratification. [read post]
1 Jul 2021, 1:50 pm
Even though Crawford theoretically left open a pathway to success, the constitutional theory that the Crawford plaintiffs relied upon has rarely been successfully used since — with one major exception. [read post]
1 Jul 2021, 9:43 am
["The gravity of the privacy concerns in this [case] is further underscored by the [amicus briefs supporting the challenge].... [read post]
1 Jul 2021, 8:46 am
., the Appellate Division affirmed the trial court’s decision awarding the plaintiff/father, in favor of vaccinations, sole authority to make vaccination decisions for the minor child, based largely on the best interests standard. [read post]
1 Jul 2021, 6:21 am
Plaintiff and defendant “dated for a period of time between 2014 and 2018,” and plaintiff tested positive for HSV-2 in 2018. [read post]
1 Jul 2021, 2:35 am
Alston also clarified the third step of the rule of reason, rejecting the “least restrictive alternatives” test. [read post]
1 Jul 2021, 1:38 am
These background checks may include reference checks, verification of licenses and educational training, and drug testing. [read post]
30 Jun 2021, 8:21 am
The court applies the familiar 3-part test: ICS Provider. [read post]
30 Jun 2021, 3:47 am
Many people who require medical tests or procedures use insurance to pay for the services they receive. [read post]
30 Jun 2021, 2:16 am
He then filed a medical malpractice claim against the defendant, alleging his failure to perform follow-up testing constituted negligence and caused the plaintiff’s harm. [read post]
29 Jun 2021, 9:58 pm
This approach is equivalent to alleging that a company is able to raise prices without losing customers—a traditional test for monopoly power. [read post]
29 Jun 2021, 3:55 pm
In Hassell, Uber argued that section 7451 “‘effectively repealed’ the ABC test ‘as to delivery people. [read post]
29 Jun 2021, 12:08 pm
Interestingly, in 2015, Arizona governor Doug Ducey used an executive order to declare Arizona a regulation-free AV zone in order to attract testing operations from companies like Uber.[9] In Lommatzsch v. [read post]
29 Jun 2021, 11:14 am
The court applied a newly established three-prong test set forth in Keltner v. [read post]
29 Jun 2021, 6:10 am
Applying the Rales test used by the Delaware courts to determine whether a complaint properly alleges demand futility where the subject of the derivative suit is not a business decision of the board, the court stated that the main issue concerned whether the directors were conflicted, or "interested," such that the board could not have properly exercised its independent and disinterested business judgment in responding to the demand.The plaintiffs argued that the Danaher… [read post]
