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22 Jan 2021, 6:49 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]
22 Jan 2021, 3:54 am
The Ninth Circuit held that the district court had erred by not requiring plaintiff to satisfy at least one of the two prongs of the Rogers test, and it reversed the judgment and remanded the matter for further proceedings. [read post]
21 Jan 2021, 10:12 pm
People could have reported their COVID-19 symptoms along with their location, their health status, their test results, and whether they were in quarantine. [read post]
21 Jan 2021, 8:30 pm
The agreement arose from a suit from the National Urban League and other plaintiffs opposed to the plan over the accuracy of the census. [read post]
21 Jan 2021, 1:58 pm
Background Carolyn Kaminsky, the plaintiff, worked in office administration for the defendant company, Janston Financial Group, for 18 years until she was dismissed on November 6, 2018. [read post]
21 Jan 2021, 12:54 pm
The developer now urges the court to revisit its open-ended test for assessing regulatory takings under Penn Central Transportation Co. v. [read post]
21 Jan 2021, 9:00 am
Noting that "[T]hree samples of hair from [Plaintiff's] [leg] were subjected to repeated testing by independent laboratories and yielded positive results," the court opined that to the extent there were conflicting expert opinions as to the efficacy of drug testing using hair, as well as character witness testimony tending to show that petitioner did not use drugs, "courts may not weigh the evidence or reject the choice made" by the hearing officer… [read post]
21 Jan 2021, 9:00 am
Noting that "[T]hree samples of hair from [Plaintiff's] [leg] were subjected to repeated testing by independent laboratories and yielded positive results," the court opined that to the extent there were conflicting expert opinions as to the efficacy of drug testing using hair, as well as character witness testimony tending to show that petitioner did not use drugs, "courts may not weigh the evidence or reject the choice made" by the hearing officer… [read post]
21 Jan 2021, 4:46 am
Nicole Morris is the Director of the TI:GER Program and Professor in Practice for Emory Law School in Atlanta, Georgia. [read post]
20 Jan 2021, 10:28 pm
The plaintiffs appealed. [read post]
20 Jan 2021, 6:01 pm
Testing may also be done on the plaintiff to show whether certain pathogens were present in the plaintiff’s body. [read post]
20 Jan 2021, 2:21 pm
” Professor Shapira argues that the test of whether these new standards are working is not whether they are producing more or bigger litigation payouts; rather, he argues, the measure is how these developments are affecting board behavior. [read post]
20 Jan 2021, 9:44 am
Gordon College, a case which tests the limits of the “ministerial exception” and the legal protection it provides for religious employers. [read post]
20 Jan 2021, 8:49 am
THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, v. [read post]
20 Jan 2021, 7:00 am
Despite quotes in the defendants’ motion from the Seventh Circuit decision referring to the plaintiff’s business practices as “a form of extortion,” it appears that neither side was willing to put the Doyle Estate’s theory to the test. [read post]
19 Jan 2021, 4:50 pm
During his childhood, the plaintiff was tested for the presence of lead in his blood on numerous occasions. [read post]
19 Jan 2021, 3:13 pm
Jan. 12, 2021), may signal the beginning of the end of the plaintiff-friendly two-stage process. [read post]
19 Jan 2021, 2:32 pm
The officer requested the plaintiff to submit to an alcohol breath test, which the plaintiff refused. [read post]
19 Jan 2021, 1:17 pm
” Commercial advertisement: The judge clearly explained how the Gordon & Breach test, which was adopted by the Ninth Circuit, has been modified by Lexmark, making the “by a competitor” element of the test no longer good law. [read post]
19 Jan 2021, 5:00 am
Mayor and City Council of Baltimore, which could determine whether a lawsuit seeking to hold oil companies responsible for climate change will be heard in state court (as the plaintiffs want) or federal court (as the companies want). [read post]
