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6 Apr 2021, 7:45 am
As with any digital asset, the analysis begins with the Howey test and the various factors the SEC considers in applying the test. [read post]
6 Apr 2021, 4:06 am
The Judge believed that the plaintiffs could meet the conditional certification tests without having to demonstrate the members of the class worked in the same positions. [read post]
5 Apr 2021, 9:01 pm
In the oral argument in Obergefell, Justice Alito raised the issue with the plaintiff’s lawyers: “Suppose we rule in your favor in this case, and then after that a group consisting of two men and two women apply for a marriage license. [read post]
5 Apr 2021, 7:16 am
After 6-months and a record of supervised driving, you can take the road test and drive unaccompanied unless you are driving between midnight and 5:00 a.m. [read post]
5 Apr 2021, 4:02 am
TTABlog Test: Is MS. [read post]
5 Apr 2021, 3:00 am
Antrim, plaintiffs had submitted a report (December 13, 2020) from one Russell J. [read post]
4 Apr 2021, 6:42 pm
The plaintiffs did not make an issue of this at trial. [171] Aside from those attribution obligations, the test for fair dealing requires the defendant to prove that (a) the dealing was for one of the allowable purposes listed in Copyright Act, and (b) the dealing was fair: CCH, at para. [read post]
4 Apr 2021, 10:49 am
Instead, much discusses the alleged failings of Politico, Protocol, and their managers more generally (e.g., firings of staffers by Protocol, on the theory that "To further distract attention from the meltdown underway at The Protocol, Defendants manufactured even more egregious statements about the Plaintiff"). [read post]
4 Apr 2021, 5:40 am
This one upholding the use of the plaintiff's photo of Eddie Van Halen playing guitar in an exhibition of rock n’ roll instruments on the Met’s website. [read post]
2 Apr 2021, 5:00 pm
” In applying this test, Judge May found that the ballot access requirement did violate plaintiffs’ First and Fourteenth Amendment rights. [read post]
2 Apr 2021, 10:42 am
However, the allegations in that lawsuit filed by the plaintiff couple are not for injuries as a result of contracting COVID-19, but rather for alleged injuries incurred by the Association’s unlawful detention and false imprisonment of the plaintiffs after they informed the Association that they had tested positive for COVID-19 and were restricted from using common areas. [read post]
2 Apr 2021, 10:42 am
However, the allegations in that lawsuit filed by the plaintiff couple are not for injuries as a result of contracting COVID-19, but rather for alleged injuries incurred by the Association’s unlawful detention and false imprisonment of the plaintiffs after they informed the Association that they had tested positive for COVID-19 and were restricted from using common areas. [read post]
1 Apr 2021, 2:39 pm
Seven of the 45 new filings in 2020 related to the development of COVID-19 products, including both tests and vaccines. [read post]
1 Apr 2021, 8:44 am
Binding all retailers to the litigation strategy and settlement terms acceptable to such a small group of non-representative plaintiffs is patently unfair. [read post]
31 Mar 2021, 10:39 am
And because she works in Massachusetts, she often has the opportunity to work with injured workers in a more comprehensive way from testing, to planning and prepping them for job interviews. [read post]
30 Mar 2021, 9:01 pm
Sullivan, the Supreme Court ruled that a public official plaintiff in a defamation lawsuit must prove more than that the defendant made a false statement that damaged the plaintiff’s reputation—the common-law definition. [read post]
30 Mar 2021, 8:32 pm
According to the Gibbs case court records, plaintiff applied for a police officer position, sailing through the written test and receiving a conditional job offer. [read post]
30 Mar 2021, 8:08 pm
Of note, the court sidestepped the application of the “foreseeable harm” requirement and rejected plaintiff’s suggestion to adopt a public interest exception or balancing test. [read post]
30 Mar 2021, 3:23 pm
The court stated that in evaluating which state’s laws apply, a Florida federal court will employ the most significant relationship test. [read post]
29 Mar 2021, 7:10 pm
In one Fen-Phen case, one plaintiff sought to retain an expert witness previously retained by Wyeth to testify about the same diet drug (fenfluramine) in a case brought by a different plaintiff. [read post]
