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14 Jan 2021, 3:30 am
After the drug test, the plaintiff’s doctor re-certified her for medical marijuana use, and the plaintiff renewed her card. [read post]
13 Jan 2021, 9:00 pm
However, the law that plaintiffs challenge here truly is in violation of our commonwealth’s constitutional structure, so in the interest of equity, we must not penalize the plaintiffs for their tardiness. [read post]
13 Jan 2021, 10:53 am
The Court rejected EPA’s position, observing that companies might have access to third party testing information or could use “their considerable resources” to obtain testing for asbestos impurities. [read post]
13 Jan 2021, 9:37 am
Plaintiff’s alternative, on the other hand, would “create a sizeable hole in the three-tier system” by allowing alcohol into the State that “passes through out-of-state wholesalers or for that matter no wholesaler at all. [read post]
13 Jan 2021, 3:00 am
Relying on the “functional test” set forth in a line of cases distinguishing discretionary decisions from ministerial ones (e.g., Mountain Lion Foundation v. [read post]
13 Jan 2021, 3:00 am
Relying on the “functional test” set forth in a line of cases distinguishing discretionary decisions from ministerial ones (e.g., Mountain Lion Foundation v. [read post]
12 Jan 2021, 5:04 pm
I agree, and I think that normally would have been sufficient to meet the normal second branch of the taking test here. [read post]
12 Jan 2021, 4:45 pm
Rather, because “[o]bjective tests support plaintiff’s disability”, the Court concluded that “plaintiff’s condition prevents her from driving and significantly impairs her physical and cognitive ability” such that “the Court finds that plaintiff is disabled under Hartford’s LTD Plan. [read post]
12 Jan 2021, 2:39 pm
At his final visit with the defendant in December 2015, a test indicated that the plaintiff suffered memory loss. [read post]
Guest Post: Halliburton II Price Impact Defenses Can Limit Severity on Deficient Exchange Act Claims
12 Jan 2021, 2:19 pm
Federal Courts have taken swift action to address the growth of class action litigation by stress-testing complex litigation processes, such as amendments to civil procedures of class action settlements. [read post]
12 Jan 2021, 12:18 pm
Again, the court gives weight to what I would have dismissed as mere chutzpah: Tricam argued that the only reasonable reading of its statements was that its ladders were tested for ANSI compliance, not that they passed, and they undisputedly were tested. [read post]
12 Jan 2021, 10:59 am
Today we do both, hopefully providing a workable, gatekeeping framework for assessing, at the outset of litigation, before notice is sent to potential opt-ins, whether putative plaintiffs are similarly situated—not abstractly but actually. [read post]
12 Jan 2021, 10:19 am
The parties also address whether the plaintiffs’ suit should be dismissed because the case is “foreign cubed”—meaning that it concerns conduct by a foreign sovereign in foreign territory affecting foreign nationals—and, as a result, the plaintiffs should have first sought remedies in Hungary’s courts before bringing suit in the United States. [read post]
11 Jan 2021, 8:17 am
Katyal responded by noting that the test, under RJR Nabisco, Inc. v. [read post]
11 Jan 2021, 7:48 am
In Tiwary, the plaintiff’s mother gave birth to the plaintiff in 1973 (see id.). [read post]
11 Jan 2021, 6:59 am
The “first stage” conditional certification statistics for plaintiffs at 84% in 2020 were even more favorable to workers than in 2019, when plaintiffs won 81% of “first stage” conditional certification motions, and 2018, when plaintiffs won 79% of “first stage” conditional certification motions. [read post]
10 Jan 2021, 1:29 am
If the expert refuses to do that, then the tests should not be permitted in testimony. [read post]
8 Jan 2021, 6:44 am
Passengers must provide an attestation regarding the testing. [read post]
7 Jan 2021, 3:14 pm
However, the AG plaintiffs in the new lawsuit instead view the Rule as “an unlawful attempt” by the OCC to “facilitate predatory lending” and support “rent-a bank schemes. [read post]
7 Jan 2021, 1:28 pm
The Court of Appeals determined that the trial court thoroughly considered the final factor; nevertheless, the deficiencies related to the findings on the first two factors prevented it from meaningfully applying the three-prong test. [read post]
