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21 Dec 2020, 10:07 am
In FLSA cases, plaintiff lawyers are always looking for a deep pocket and one of the avenues they use towards this “goal” is the joint employer doctrine. [read post]
21 Dec 2020, 8:00 am
Plaintiff’s experts testified that the patient’s history, symptoms, and certain tests and laboratory findings in the emergency room were consistent with toxic shock syndrome and sepsis, which ultimately caused her death. [read post]
21 Dec 2020, 6:32 am
The court found that Tracy could have tested the breadth of the conflict-of interest prong of the policy by reporting his blog activity. [read post]
21 Dec 2020, 6:16 am
Under the rule, plaintiff loses. [read post]
21 Dec 2020, 5:01 am
However, the Supreme Court later substantially narrowed the test for what counts as a clearly established right, thus broadening the scope of qualified immunity. [read post]
20 Dec 2020, 7:07 am
The complaint seeks to recover damages on behalf of the plaintiff class. [read post]
19 Dec 2020, 8:11 pm
PeaceHealth—the defendant—had three hospitals, and McKenzie—the plaintiff—had one. [read post]
19 Dec 2020, 1:57 pm
Haack cannot seem to bring herself to say that Wakefield, and many other expert witnesses, worked for plaintiffs and plaintiffs’ counsel, a.k.a., the lawsuit industry. [read post]
19 Dec 2020, 1:57 pm
Haack cannot seem to bring herself to say that Wakefield, and many other expert witnesses, worked for plaintiffs and plaintiffs’ counsel, a.k.a., the lawsuit industry. [read post]
19 Dec 2020, 12:29 pm
Our lives are documented by our computers. [read post]
18 Dec 2020, 6:06 am
During the plaintiff’s childhood, he was tested three times for the presence of lead in his blood. [read post]
17 Dec 2020, 8:30 pm
National/Federal Attorney General William Barr to Step Down Politico – Josh Gerstein and Kyle Cheney | Published: 12/14/2020 Attorney General William Barr is leaving his position, a decision that follows months of complaints from President Trump about the administration’s top lawyer. [read post]
17 Dec 2020, 1:20 pm
The plaintiff didn’t allege, for example, that consumers who chose defendants got less for their gold than they would have gotten selling to plaintiff. [read post]
17 Dec 2020, 7:45 am
” The plaintiffs in this case represent “more than 60,000 physicians and the department chairs of obstetrics and gynecology at nearly 150 universities across the United States. [read post]
16 Dec 2020, 11:33 am
And it resuscitates the free-wheeling burdens-and-benefits "balancing test" that five members of this Court rejected just last Term. [read post]
16 Dec 2020, 11:08 am
As to the Amazon reviews, the court sided with EIS, who argued that the Third Circuit’s test for commercial speech was met: “(i) the reviews were advertising, as they were disseminated via the internet and discussed Plaintiff’s purportedly defective and poor quality products; (ii) the reviews refer[red] to Plaintiff’s Satisfyer products, as the reviews were posted on Amazon’s product pages for those products; and (iii) Defendants, as… [read post]
16 Dec 2020, 10:03 am
After concluding that such information gathering is presumptively protected by the First Amendment, just as speech is, the court then applied intermediate scrutiny, which is the general test for content-neutral speech restrictions. [read post]
16 Dec 2020, 8:38 am
., plaintiff, defendant, intervener, etc.) and their attorneys, with full contact information for the attorneys gathered from public records. [read post]
16 Dec 2020, 3:00 am
Plaintiffs alleged that defendants harassed plaintiffs and targeted a newly improved property causing the loss of two tenants and amounting to a regulatory taking. [read post]
16 Dec 2020, 12:24 am
The ‘real and substantial connection’ test has not found favour outside Canada, and the test has been the subject of academic criticism. [read post]
