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20 Feb 2024, 4:30 am
Historically, federal courts have determined that the Americans with Disabilities Act does not protect individuals with disabilities with valid medical marijuana prescriptions who lose their jobs for testing positive. [read post]
19 Feb 2024, 11:47 am
The NFL eventually settled the suit by offering a $765 million fund for plaintiffs. [read post]
19 Feb 2024, 5:14 am
It has led to extensive debate in the lower courts regarding how to apply the Court’s test in cases alleging invasion of privacy. [read post]
19 Feb 2024, 5:01 am
As always, the question is whether the gist of the article, as a whole, communicates defamatory falsehoods about the plaintiff to the reasonable reader. [read post]
18 Feb 2024, 10:22 am
Circuit’s requirements for relying on an ex parte declaration had been met; and (2) agency sufficiently demonstrated that three-decades old information protected by the attorney-client privileged met the foreseeable harm test. [read post]
16 Feb 2024, 12:30 pm
Among other things, the plaintiffs did not have to apply for permits when they knew it was futile to try. [read post]
16 Feb 2024, 12:13 pm
Second, the Lexmark court says, 43(a) has a proximate cause requirement: a plaintiff suing under § [43](a) ordinarily must show economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising; and that that occurs when deception of consumers causes them to withhold trade from the plaintiff. [read post]
16 Feb 2024, 4:27 am
I doubt the government would meet the latter test; I am less confident that the reports are non-commercial in nature. [read post]
15 Feb 2024, 11:41 pm
A pivotal episode in this push began in 2022, when the attorneys general of Missouri and Louisiana, along with a number of private plaintiffs, sued numerous Biden administration agencies and officials with the aim of stifling cross-sector collaboration to address online falsehoods. [read post]
15 Feb 2024, 9:05 pm
“As to causation, the plaintiff’s submissions, which included deposition testimony, a laboratory test reporting the presence of EPEC in the plaintiff’s stool, medical records including the observations and conclusions of her treating physicians, and expert opinions from a medical doctor and a microbiologist, sufficiently raised a triable issue of fact without resorting to speculation “Contrary to the defendant’s medical expert,… [read post]
15 Feb 2024, 3:33 pm
“[P]ut most baldly,” remarked Justice Kagan at oral argument, “I think that the question that you [counsel for the plaintiffs] have to confront is why a single state should decide who gets to be president of the United States. [read post]
15 Feb 2024, 9:00 am
Currently, personal injury plaintiffs can recover up to $935,000 in non-economic damages in Maryland. [read post]
13 Feb 2024, 11:53 am
The district court denied that motion, and the plaintiff appealed. [read post]
13 Feb 2024, 4:42 am
He tested the cups of different sizes using an X-ray fluorescence detector. [read post]
13 Feb 2024, 4:00 am
Defendants conducted business through these email accounts and tests confirmed their functionality. [read post]
13 Feb 2024, 3:50 am
Wilkie laid out a three-step test for how it would view an agency’s interpretation of its own genuinely ambiguous regulation.. [read post]
13 Feb 2024, 1:33 am
Why are these tests necessary? [read post]
12 Feb 2024, 9:01 pm
But, even more importantly, no company wants to become the scapegoat of politicians, commentators or plaintiffs’ attorneys, especially those that have an axe to grind. [read post]
12 Feb 2024, 7:11 am
First, the plaintiff argued that Wagner did not disclose a test or methodology for which her expert opinions are based. [read post]
12 Feb 2024, 6:07 am
Plaintiff lawyers will posit plan participants as the innocent victims of fiduciary negligence by plan fiduciaries. [read post]
