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11 Dec 2020, 2:00 am
" And that is all that the Texas complaint seeks by way of relief -- it expressly does not seek to have the Court adjudicate which candidate won the election.Many of the opposition briefs filed in the Supreme Court exaggerate and distort the limited relief which Texas and its co-plaintiffs seek from the complaint. [read post]
10 Dec 2020, 12:21 pm
If high-ranking executive officials have absolute immunity, that would sufficiently protect the separation of powers without resort to the "clearly established law" test—which frequently denies plaintiffs money damages when lower-ranking executive officials violate their constitutional rights. [read post]
10 Dec 2020, 7:44 am
It was plaintiffs’ burden to establish the protected elements of their allegedly infringed work, and they didn’t show that what was copied was protectable. [read post]
9 Dec 2020, 9:01 pm
Rather, inseverability is a claim about the statute’s contingent meaning, testing whether Congress expressly or impliedly provided in the original statute that parts B-Z should functionally be repealed and thus become “zombie law” if A is declared unconstitutional.But we also agree with the majority view’s conclusion that, at least sometimes, the properly-viewed-as-substantive severability question may nonetheless be addressed by the court at the same time that it… [read post]
9 Dec 2020, 2:13 pm
The Plaintiffs further allege that publicity of the “Jock” arbitration by Cohen Milstein posting redacted Declarations in February 2017 that revealed th [read post]
9 Dec 2020, 12:02 pm
Under the prior rules of personal jurisdiction, the plaintiffs might have had a way to win. [read post]
9 Dec 2020, 11:52 am
” test. [read post]
9 Dec 2020, 11:04 am
The ABC test, therefore, is not the type of law Congress intended to preempt. [read post]
9 Dec 2020, 10:41 am
“By contrast, where the junior user employs the mark in the same way as the senior user, the explicitly misleading component of the Rogers test is likely to be satisfied. [read post]
8 Dec 2020, 1:30 pm
Also, injunctive relief remains possible if plaintiffs plead a cognizable, imminent future harm. [read post]
8 Dec 2020, 6:55 am
Zero tolerance, a drug test and just cause. [read post]
7 Dec 2020, 2:23 pm
While these decisions alone are not sufficient to remedy the situation, they do suggest that at least some of the state courts that find themselves presiding over federal securities class action litigation will afford defendants appropriate opportunities to test the plaintiffs’ pleadings. [read post]
7 Dec 2020, 3:30 am
Genetic testing had been around for a while, introduced to the public in part through the O.J. [read post]
4 Dec 2020, 12:02 pm
ITility is a government contractor specializing in program management, systems engineering, enterprise services, system testing services, education and training, and administrative support. [read post]
4 Dec 2020, 12:02 pm
ITility is a government contractor specializing in program management, systems engineering, enterprise services, system testing services, education and training, and administrative support. [read post]
4 Dec 2020, 8:05 am
Thus, the court found that the contractual prong of the test was met. [read post]
4 Dec 2020, 7:06 am
Characterized as a “wealth test” by immigration advocates, the rule has been the subject of litigation in various jurisdictions. [read post]
4 Dec 2020, 6:52 am
The court ruled in the plaintiffs’ favor, and adopted a formal definition of “employee. [read post]
3 Dec 2020, 3:15 am
And she had to make sure that she passed the facial recognition program tests during the exam, all while in labor. [read post]
2 Dec 2020, 2:37 pm
Regan: whether a refund suit is an available mechanism to a plaintiff to challenge an IRS action. [read post]
