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Olson v. State of California (9th Cir. - June 10, 2024)
10 Jun 2024, 1:06 pm
Last year, in a high-profile case (and opinion), a Ninth Circuit panel held that A.B. 5 -- passed essentially to try to classify Uber and Lyft drivers as employees rather than independent contractors (something that Proposition 22 later reversed) -- was likely unconstitutional under the Equal Protection Clause, despite the fact that the standard of review was rational basis. [read post]
California Appellate Report - http://calapp.blogspot.com/
Environmental & Constitutional Law Professors for Climate Rights in Montana
10 Jun 2024, 12:00 pm by Jack Garvey
In Park County Environmental Council v. [read post]
Pace Environmental Law Review Blog - https://pelr.blogs.pace.edu/
[Josh Blackman] Chief Justice Roberts and Justice Alito Secretly Recorded at the Supreme Court Historical Society
10 Jun 2024, 11:47 am by Josh Blackman
Chief Justice Roberts gave the traditional toast ("To the President of the United States"). [read post]
The Volokh Conspiracy - http://www.volokh.com/
Federal Circuit Finds that a Narrowing Claim Limitation that Expressly Requires Optional Elements of a Markush Group from the Same Claim is Neither Contradictory Nor Indefinite
10 Jun 2024, 11:36 am by Luciano Alvarado
In Maxell, Ltd. v. [read post]
Intellectual Property Law Blog - http://www.intellectualpropertylawblog.com/
The Supreme Court and social media: Can government officials block online comments?
10 Jun 2024, 11:28 am by Scott Bomboy
In Pennsylvania, a case now at that state’s Supreme Court, Penncrest School District v. [read post]
Constitution Daily - https://constitutioncenter.org/blog
Interpreting the Printed Matter Doctrine in Inter Partes Review
10 Jun 2024, 11:28 am by Joshua Weisenfeld
In Ioengine, LLC v. [read post]
Intellectual Property Law Blog - http://www.intellectualpropertylawblog.com/
The Right to a Unanimous Verdict and the Jury Instructions in People v. Trump
10 Jun 2024, 11:16 am by Seth Barrett Tillman
[State v. [read post]
Just Security - https://www.justsecurity.org/
where ingredients list can't clarify ambiguity, "manage blood sugar" claim is plausibly misleading
10 Jun 2024, 11:00 am by Rebecca Tushnet
Prescott v. [read post]
43(B)log - http://tushnet.blogspot.com/
Court of Federal Claims Decision re Wildfire Breach of Trust and Fifth Am. Takings [Yakama]
10 Jun 2024, 9:48 am by Matthew L.M. Fletcher
United States (Fed. [read post]
Turtle Talk - https://turtletalk.blog/
"#1 Brand" claim was literally false because of apples-to-oranges comparison
10 Jun 2024, 9:39 am by Rebecca Tushnet
Zesty Paws LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
Supreme Court Holds Legislature’s Case-Driven CEQA Amendments Require Judgment Upholding UC Berkeley’s 2021 Long-Range Development Plan EIR and People’s Park Housing Project Against Claims of Failures to Analyze Student “Social Noise” and Alternative Locations
10 Jun 2024, 8:37 am by Arthur F. Coon
  Make UC A Good Neighbor v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Justices to review Meta investors’ data-harvesting suit and Medicare payments calculation
10 Jun 2024, 8:07 am by Amy Howe
Sunoco v. [read post]
SCOTUSblog - http://www.scotusblog.com/
U.S. Supreme Court Upholds CFPB Funding Scheme
10 Jun 2024, 6:09 am by DONALD SCARINCI
In Consumer Financial Protection Bureau v. [read post]
Constitutional Law Reporter - https://constitutionallawreporter.com/
Non-attorney cannot represent siblings in wrongful death case.
10 Jun 2024, 6:05 am by The Law Offices of John Day, P.C.
In Grose v. [read post]
Day on Torts - http://www.dayontorts.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
Community Assn. v New York State Urban Dev. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
Community Assn. v New York State Urban Dev. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
“True Threats” and the Difficulties of Prosecuting Threats Against Election Workers 
10 Jun 2024, 5:50 am by Berke Gursoy
This is a high but not impossible bar to meet, as shown in United States v. [read post]
Just Security - https://www.justsecurity.org/
DEFENDANTS FAILED TO PROVE INJURY WASN’T “SERIOUS”
10 Jun 2024, 5:00 am
# # #DECISIONB. v County of Nassau# # #New York State Insurance Law, Section 5102(d), defines a "serious injury" to include:DeathDismembermentA severe disfigurementFractured bonesLoss of fetusPermanent loss of use of body organ, member, function or systemPermanent consequential limitation of use of a body organ or memberA significant limitation of use of a body function or systemMedically determined injury or impairment of a non-permanent nature which prevents the injured… [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
As Plaintiff received inpatient and rehabilitative treatment for more than two months following an accident he was found to have a reasonable excuse for the delay in his motion to serve a late notice of claim
10 Jun 2024, 5:00 am by Public Employment Law Press
  Matter of Talavera v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As Plaintiff received inpatient and rehabilitative treatment for more than two months following an accident he was found to have a reasonable excuse for the delay in his motion to serve a late notice of claim
10 Jun 2024, 5:00 am by Public Employment Law Press
  Matter of Talavera v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/