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28 Jan 2021, 9:32 am
But the court’s two-part holding (in favor of the plaintiffs on both counts) was just too impactful for a single blog. [read post]
28 Jan 2021, 5:30 am
In late 2020, plaintiffs’ lawyers filed a class action lawsuit on behalf of employees concerning their employer’s COVID-19 screening program, which is alleged to have violated the BIPA. [read post]
27 Jan 2021, 3:01 pm
The defendant performed a series of tests on the decedent and referred him for additional testing. [read post]
27 Jan 2021, 1:44 pm
In what is the third coronavirus-related securities class action lawsuit filed so far in 2021, a plaintiff shareholder has filed a securities class action lawsuit against the U.K. [read post]
26 Jan 2021, 2:58 pm
Under that test, the plaintiff must show: (a) he spoke on a matter of public concern; (b) he spoke as a private citizen rather than a public employee; and (c) his speech was a substantial factor in his discipline. [read post]
26 Jan 2021, 2:00 pm
” Given that we all lived through these events and we all have a pretty good idea of what was known and what was not known in mid-January 2020, the amended complaint’s coronavirus-related allegations do not fare well under a simple straight face test. [read post]
Female basketball referee was not an "employee" and can't sue under Title VII for sex discrimination
26 Jan 2021, 6:30 am
While plaintiff sues the International Association and the School Board in Connecticut where she worked, the problem is that plaintiff was not an employee of either entity. [read post]
25 Jan 2021, 5:09 pm
Responding party objects that plaintiff has equal access to these documents. [read post]
25 Jan 2021, 5:09 pm
Responding party objects that plaintiff has equal access to these documents. [read post]
25 Jan 2021, 5:09 pm
Responding party objects that plaintiff has equal access to these documents. [read post]
25 Jan 2021, 1:42 pm
Notably, the Plaintiff did not support its claim that expert testimony was “critical” with any argument as to where it was needed to respond to any aspect of Netflix’s extrinsic test analysis. [read post]
25 Jan 2021, 10:08 am
Most courts apply a broad relevance test during the discovery phase and would likely find such documents relevant and discoverable. 3. [read post]
25 Jan 2021, 9:39 am
Aminolroaya to the position of plaintiffs’ co-lead counsel by the honorable Judge Brian R. [read post]
25 Jan 2021, 8:34 am
The court applies the standard 3-part test to conclude that Twitter qualifies for Section 230(c)(1) immunity: ICS Provider. [read post]
24 Jan 2021, 3:10 am
Section 23(1) KUG also provides for a defence where the image is used to portray contemporary history, but a balancing test is required between the private image right and the public right to receive the information. [read post]
22 Jan 2021, 11:15 am
The Fifth Circuit disapproved of the so-called Lusardi test, otherwise known as the “Goldilocks” approach to the two-step certification test. [read post]
22 Jan 2021, 10:36 am
Davenport 20-826Issue: Whether a federal habeas court may grant relief based solely on its conclusion that the test from Brecht v. [read post]
22 Jan 2021, 8:43 am
The plaintiff in the Hudson County lawsuit is the spouse of a railroad worker who was employed by the state’s railroad authority. [read post]
22 Jan 2021, 8:04 am
It further held that if a party, despite the alleged infirmities of the process, received proper notice and a meaningful opportunity to be heard under the three-pronged test of Mathews v. [read post]
22 Jan 2021, 6:50 am
(See pp. 10-11 here on that problem, and “Litigation Process Problems” section here on the reasons courts fail to protect third party users’ rights in plaintiff v. platform litigation.) [read post]
