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2 Dec 2020, 2:21 pm
Even if the employee’s claim meets these tests, the employer can still prevail if the reasons for the adverse action satisfy a balancing test between the government interests of the employer and the speech rights of the employee. [read post]
2 Dec 2020, 2:45 am
Reading Time: 23 minutes Balancing act.My partners Brandon Essig, Jeff Doss, and I recently shared thoughts concerning public corruption trials. [read post]
1 Dec 2020, 3:08 pm
Laufer alleges she visited these websites to test whether they meet the requirements by providing disability information about the hotel accommodations. [read post]
1 Dec 2020, 11:47 am
If you have returned to health, there is an argument that your injuries won’t meet the legal test for pain and suffering to recover compensation. [read post]
1 Dec 2020, 3:00 am
The Court then reversed the district court’s denial of the State’s renewed JMOL motion on the Penn Central test as well. [read post]
30 Nov 2020, 5:27 pm
Laufer alleges she visited these websites to test whether they meet the requirements by providing disability information about the hotel accommodations. [read post]
30 Nov 2020, 5:26 pm
Jeffs (Utah 2002) (determining that under the "most significant relationship test" that Arizona was "situs of the marriage" and state where the plaintiff felt injury because it was where "he would have experienced the alienation of his wife's affections"). [read post]
30 Nov 2020, 11:54 am
Thus, the familiar four-part test for permanent injunctive relief does not apply. [read post]
30 Nov 2020, 9:28 am
Cal. granted with prejudice a motion to dismiss the plaintiff’s patent infringement claim based on product testing as barred by the safe harbor of § 271(e)(1). [read post]
30 Nov 2020, 9:28 am
Cal. granted with prejudice a motion to dismiss the plaintiff’s patent infringement claim based on product testing as barred by the safe harbor of § 271(e)(1). [read post]
30 Nov 2020, 9:28 am
Cal. granted with prejudice a motion to dismiss the plaintiff’s patent infringement claim based on product testing as barred by the safe harbor of § 271(e)(1). [read post]
30 Nov 2020, 9:24 am
Event Announcements (More details on the Events Calendar) Monday, November 30, 2020 at 2:00 p.m.: The Atlantic Council will hold a virtual public discussion on carbon capture policy under President-elect Biden. [read post]
30 Nov 2020, 4:53 am
District Court Judge Roger Benitez granted a preliminary injunction to prevent the State of California from enforcing AB 5 against the trucking industry, concluding that the plaintiffs in that case had met their burden to show a likelihood of succeeding on the merits with respect to their preemption claim. [read post]
25 Nov 2020, 5:33 pm
What happens if there is a limited pot of money from which the Plaintiff can collect? [read post]
25 Nov 2020, 9:42 am
Chief among the accusations is that Plaid’s interface misleads users into sharing their bank passwords with the company, a practice that plaintiffs allege runs afoul of California’s anti-phishing law. [read post]
25 Nov 2020, 5:48 am
After lunch on Nov. 9, the judge advised the jurors and attorneys that a juror who had recently been excused tested positive for the coronavirus.The judge then suspended the trial and asked participants to get tested and provide the court with results as soon as they were received. [read post]
24 Nov 2020, 5:24 pm
The any occupation test of disability is more difficult to meet, and in this case working three days per week in the plaintiff’s own occupation was adequate evidence to demonstrate that she did not meet the test. [read post]
24 Nov 2020, 4:59 pm
Because of these complexities, lawmaking concerning the topic has lagged behind tech innovations, and both prosecutors and civil lawyers representing plaintiffs have, up until now, taken the path of least resistance. [read post]
24 Nov 2020, 10:55 am
A preliminary injunction is a legal remedy that must meet a three-pronged test. [read post]
24 Nov 2020, 5:24 am
”The lawsuit seeks a court order requiring the plant implement four basic practices: physical distancing, clean masks, sick leave, and testing. [read post]
