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21 Jan 2021, 6:20 am
Harra, --- F.3d ---, 2021 WL 97446, Appeal Nos. 19-1105, 19-1136, 19-1190, 19-1237 (Jan. 12, 2021); https://www2.ca3.uscourts.gov/opinarch/191105p.pdf Wilmington Trust financed commercial real estate/construction projects. [read post]
20 Jan 2021, 9:00 am by Public Employment Law Press
Abramson, 232 F.3d 83, the Circuit Court explained that at the third step of the McDonnell Douglas framework, the court's task is to “examin[e] the entire record,” using a case-specific approach, “to determine whether the plaintiff could satisfy his ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff. [read post]
20 Jan 2021, 8:59 am
 OUT: Indicting defendants for the highest possible crimes. [read post]
19 Jan 2021, 4:48 pm by Stan Gibson
There, the plaintiff had to review defendant’s “source code in electronic format on the review computer on which [defendant] had made the code available. [read post]
19 Jan 2021, 12:14 pm by Bryn Miller
Dixon [3], the defendant sought to suppress evidence of drugs found in his car and apartment on the ground that his Fourth Amendment rights were violated when an officer surveilling him used a set of keys the defendant had dropped on the ground to unlock the defendant’s vehicle and enter his apartment. [4]  The Ninth Circuit held that “the insertion of a key into a minivan’s lock constituted a search within the meaning of the Fourth Amendment. [read post]
19 Jan 2021, 6:30 am by Guest Blogger
  The Constitutional Court has assumed the role of defender of this identity, which means that it must be attentive to the potentially transformative implications of enhanced deference to the decision-making authority of European institutions. [read post]
18 Jan 2021, 8:58 am by Riana Harvey
December brought another fascinating conference, this time organised by the Institute of Intellectual Property and Market Law (Institutet för immaterialrätt och marknadsrätt) of Stockholm University, which has a tradition of inviting junior academics and lawyers to speak in its annual Holiday seminar. [read post]
18 Jan 2021, 2:11 am by Peter Mahler
The August 18 decision wasn’t all bad news for the defendants. [read post]
17 Jan 2021, 6:15 pm by Omar Ha-Redeye
This concept of active engagement, control and authority over defamatory information was effectively used by the directors of the corporate defendant to remove personal liability on summary judgment in Kent v Postmedia Network Inc (though the plaintiff was ultimately successful against the defendant author). [read post]
15 Jan 2021, 1:52 pm by Scott Hervey
Prince, 714 F. 3d 694 (2d Cir. 2013) which involved his “Canal Zone” art installation in which he used images from Cariou’s photography book on Rastafarians in creating collages and superimposing items like guitars over Cariou’s images. [read post]
15 Jan 2021, 10:32 am by Jon Sands
Nora, 765 F.3d 1049 (9th Cir. 2014) was distinguished because of tainted evidence. [read post]