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21 Feb 2024, 1:19 pm by Eugene Volokh
Seip, for example, a high school swim coach pressured a student to take a pregnancy test without her parents' knowledge or consent. [read post]
21 Feb 2024, 12:51 pm by kkraschel
Center for Reproductive Medicine, involves plaintiffs seeking punitive damages from an Alabama fertility clinic for the “wrongful death” of their embryos that were destroyed when a patient in the hospital where they were stored removed them from the cryotank. [read post]
21 Feb 2024, 6:30 am
Performance conditions for such awards will also be analyzed in retrospect so boards should be sure to pressure test the rigor of those goals and contemporaneously document why goals were determined to be challenging. [read post]
21 Feb 2024, 6:30 am
Performance conditions for such awards will also be analyzed in retrospect so boards should be sure to pressure test the rigor of those goals and contemporaneously document why goals were determined to be challenging. [read post]
21 Feb 2024, 5:00 am by Bobby Stroup
The student will wonder what other screening tests are conducted on babies. [read post]
21 Feb 2024, 4:00 am by Rebecca Tushnet
” He started collecting real-world test data in August 2018. [read post]
21 Feb 2024, 3:44 am by SHG
In December 2020, it adopted the current admissions policy, which no longer relies on standardized tests. [read post]
20 Feb 2024, 9:01 pm by Joanna L. Grossman and Sarah F. Corning
” What follows is an illogical stream of reasons, along with a healthy dose of smoke and mirrors, which together lead the court to a truly bizarre conclusion.The majority begins by noting a “weighty concern” of the plaintiffs: if being a “child” necessitates coming from a “biological womb,” then “even a full-term infant or toddler conceived through IVF and gestated to term in an in vitro environment would not qualify as a ‘child. [read post]
20 Feb 2024, 1:44 pm by Peter S. Lubin and Patrick Austermuehle
In order to support a corporate oppression case in Illinois, a plaintiff does not need to prove illegal or fraudulent acts, mismanagement, misapplication of assets, or imminent disaster. [read post]
20 Feb 2024, 1:17 pm by Eugene Volokh
Even in suits against government, the Blum test normally requires plaintiffs to prove that private action has been coercively converted into government action. [read post]
20 Feb 2024, 12:58 pm by Peter S. Lubin and Patrick Austermuehle
A Section 2-615 motion to dismiss tests the legal sufficiency of a complaint by challenging whether the complaint states a claim upon which relief can be granted. [read post]
20 Feb 2024, 4:30 am by Eric B. Meyer
Historically, federal courts have determined that the Americans with Disabilities Act does not protect individuals with disabilities with valid medical marijuana prescriptions who lose their jobs for testing positive. [read post]
19 Feb 2024, 11:47 am by Michael Pines
  The NFL eventually settled the suit by offering a $765 million fund for plaintiffs. [read post]
19 Feb 2024, 5:14 am by Wystan Ackerman
It has led to extensive debate in the lower courts regarding how to apply the Court’s test in cases alleging invasion of privacy. [read post]
19 Feb 2024, 5:01 am by Eugene Volokh
As always, the question is whether the gist of the article, as a whole, communicates defamatory falsehoods about the plaintiff to the reasonable reader. [read post]
18 Feb 2024, 10:22 am by Allan Blutstein
Circuit’s requirements for relying on an ex parte declaration had been met; and (2) agency sufficiently demonstrated that three-decades old information protected by the attorney-client privileged met the foreseeable harm test. [read post]
16 Feb 2024, 12:30 pm by John Ross
Among other things, the plaintiffs did not have to apply for permits when they knew it was futile to try. [read post]
16 Feb 2024, 12:13 pm by Rebecca Tushnet
Second, the Lexmark court says, 43(a) has a proximate cause requirement: a plaintiff suing under § [43](a) ordinarily must show economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising; and that that occurs when deception of consumers causes them to withhold trade from the plaintiff. [read post]