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New Jersey Court Grants Title IX Reconsideration Based on Changed Pleading Standard in Third Circuit
7 Jan 2021, 12:44 pm
Some courts have required allegations of Title IX violation in a disciplinary process to meet specific doctrinal tests. [read post]
6 Jan 2021, 1:51 pm
Every single private company that merges with a publicly traded SPAC will face a test to see whether it can withstand the scrutiny and other burdens that go with a public listing. [read post]
6 Jan 2021, 8:48 am
On the day the U.S. [read post]
6 Jan 2021, 5:01 am
The Telecommunications Harassment and Menacing by Stalking Statutes Are Unconstitutionally Overbroad In a facial overbreadth challenge, a plaintiff "must show that [a statute's] potential application reaches a significant amount of protected activity. [read post]
5 Jan 2021, 2:34 pm
However, despite rigorous testing, many hormonal birth controls have side effects that may result in serious injuries and illnesses to their users. [read post]
5 Jan 2021, 2:23 pm
The Brooke Group test has been difficult for predatory pricing plaintiffs to meet — as the Supreme Court intended, for two reasons. [read post]
5 Jan 2021, 4:07 am
Section 2(e)(4) - Primarily Merely a Surname: Precedential No. 41: TTAB Affirms Bifusal of TAPIO for Software: Section 2(e)(4) Surname and Indefinite Identification of GoodsPrecedential No. 3: TTABlog Test: Is "J HUTTON" Primarily Merely a Surname for Eyewear? [read post]
4 Jan 2021, 1:26 pm
Second, on a single day in April, a plaintiffs’ law firm filed eleven securities class action lawsuits against cryptocurrency companies. [read post]
4 Jan 2021, 10:11 am
The Court found that the mixed size of the pieces (18% or more of which was "chunky") did not meet the plaintiff's proposed test. [read post]
4 Jan 2021, 7:16 am
If the plaintiff’s UIM coverage is the same as the defendant’s liability amounts, then the plaintiff cannot recover additional coverage. [read post]
4 Jan 2021, 6:24 am
The court observed that the classification made under NCGS singled out people belonging to the LGBTQ+ community, served no government interest and was violative of the objective with which the statute was enacted, failing even the lowest level of scrutiny test. [read post]
4 Jan 2021, 6:00 am
LAWCLERK has been beta testing the Virtual Associate Subscription Program with several firms. [read post]
4 Jan 2021, 5:34 am
The Second Circuit states that "Iqbal holds that a plaintiff may not rely on a special test for supervisory liability. [read post]
1 Jan 2021, 5:47 pm
As a result, plaintiff has a remedy available in the form of a challenge to the final evasion determination, when that happens. [read post]
1 Jan 2021, 3:17 pm
I have desperately tried to find any hints about how the comparator approach fits into the test of general applicability. [read post]
31 Dec 2020, 6:29 pm
The lead plaintiffs in three landmark civil rights cases. [read post]
31 Dec 2020, 1:45 pm
As the court pointed out, the traditional multifactor test was ill-suited for this particular type of inquiry: “EWS must use DAMA-I’s marks to describe its product—a product that DAMA-I does not itself offer— making factors like the ‘similarity of the marks,’ the ‘strength of the plaintiff’s mark,’ the ‘relatedness of the products’ and the ‘defendant’s intent to “palm off” its product as the… [read post]
31 Dec 2020, 9:40 am
Supreme Court to prevent patent plaintiffs from taking advantage of especially patent-friendly judicial districts. [read post]
31 Dec 2020, 7:49 am
This theory of likelihood of confusion is evaluated under the same six-prong test laid out above. [read post]
29 Dec 2020, 9:35 pm
[requiring employers to offer testing during “working hours” for close contact employees after workplace exposure], 3205.1(b) [requiring weekly workplace testing after a workplace “outbreak”], 3205.2(b) [requiring enhanced testing after a “Major COVID-19 outbreak”], and 3205.3(g) [requiring testing related to employer-provided housing]. [read post]
