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28 Mar 2021, 11:15 am by Kevin LaCroix
” And that in light of the “conflict-laden structure” of the SPAC and the “manner in which Michael Klein and the Board acted with respect to those conflicts and the deal process in general, the Merger cannot meet the test of entire fairness. [read post]
27 Mar 2021, 12:59 pm by Eugene Volokh
Dep't of Treasury (Mich. 1995) (discussing a test for the admissibility of evidence illegally seized by police for a criminal proceeding in an independent subsequent tax proceeding); People v. [read post]
26 Mar 2021, 12:30 pm by John Ross
(The opinion does not mention any in-chambers experiments to test that length of time.) [read post]
25 Mar 2021, 11:33 am by Dennis Crouch
Over the past decade, the Supreme Court has tightened-up the 14th Amendment personal jurisdiction test both in terms of General Jurisdiction and Specific Jurisdiction. [read post]
25 Mar 2021, 7:35 am by Ronald V. Miller, Jr.
  After years of civil discovery and a series of “test trials” that resulted in massive plaintiff verdicts, Bayer finally gave in and announced that it was going to pay a staggering $10 billion to settle all of the Roundup lawsuits. [read post]
25 Mar 2021, 3:40 am by Eric B. Meyer
While it’s not clear whether Title II supports a disparate impact claim, that wouldn’t stop a plaintiff’s lawyer from testing the waters. [read post]
22 Mar 2021, 4:17 am by Peter Mahler
Applying the direct injury test for proximate causation established by U.S. [read post]
21 Mar 2021, 5:33 pm by Omar Ha-Redeye
The plaintiff in this case did not have the benefit of that advice. [read post]
One of the unique designs of the Medicaid program is the statutory flexibility for state Medicaid programs to implement demonstration projects and test new ways to provide benefits to enrollees. [read post]
19 Mar 2021, 10:22 am by Peter Groves
The test for passing off is set out in Lord Oliver’s judgment in Reckitt & Colman Products Ltd v Borden Inc [1990] 1 WLR 491 and the present case turned on whether the defendants (counterclaimants) had goodwill in the word. [read post]
19 Mar 2021, 10:22 am by Peter Groves
The test for passing off is set out in Lord Oliver’s judgment in Reckitt & Colman Products Ltd v Borden Inc [1990] 1 WLR 491 and the present case turned on whether the defendants (counterclaimants) had goodwill in the word. [read post]
19 Mar 2021, 8:53 am by Eugene Volokh
Third, we reject plaintiffs' claims that, based upon statements by some of the legislators, the repeal was motivated by religious animus. [read post]
19 Mar 2021, 7:11 am by Eric Halliday, Rachael Hanna
As the lead plaintiff, California rests its position primarily on the ATF’s interpretation of 18 U.S.C. [read post]
19 Mar 2021, 5:02 am by Eugene Volokh
App. 2003) (reporting on lawsuit against plaintiff but without mentioning that plaintiff had been dropped as a defendant may be libelous); Express Pub. [read post]
18 Mar 2021, 4:09 pm by Lebowitz & Mzhen
A plaintiff must prove all of the elements in a negligence claim, and the plaintiff has the burden of proving each element by a preponderance of the evidence. [read post]