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3 Nov 2020, 1:53 pm
She won’t get the test results until next month, but in the unlikely event she doesn’t pass, she should probably get an honorary pass anyway? [read post]
3 Nov 2020, 11:01 am
As such, in considering the plaintiff’s entitlement to damages and the first part of the above test, the Court noted it was uncontested that the realization event occurred during the 15-month notice period and that the well-established purpose of damages in lieu of reasonable notice is to put the employee in the position they would have been in had they continued to work through to the end of the notice period. [read post]
3 Nov 2020, 7:20 am
” The test for severe and pervasive conduct is both subjective and objective, meaning that the environment became what a reasonable person would find hostile or abusive as well as one that the victim subjectively perceived to be abusive. [read post]
3 Nov 2020, 2:31 am
Thus, the practical effect of the Court’s decisions has been to make “clearly established law” more and more difficult for plaintiffs to show; today, many lower courts effectively require plaintiffs to find a prior case with nearly identical facts before they will hold that the law was clearly established. [read post]
2 Nov 2020, 10:49 am
Event Announcements (More details on the Events Calendar) Monday, November 2, 2020, at 1:00 p.m.: The National Security Institute will host a live recording of Fault Lines to celebrate one year of podcasting and dive deep on the foreign policy issues facing the U.S. for the next few years. [read post]
2 Nov 2020, 5:48 am
The Court applies this test to the time period in which the party was ordered to pay, and the ability to pay at the time of hearing. [read post]
2 Nov 2020, 1:07 am
The latter’s decision correctly awarded attorneys’ fees for expenses incurred by the plaintiff when the defendant had sued (and lost) in the United States in breach of a forum selection clause, especially since German jurisdiction and German law had been stipulated. [read post]
1 Nov 2020, 1:42 pm
Instead, they generally support something like the "compelling interest" test that Smith overruled, which would allow restrictions on religious freedom so long as they are necessary to promote a compelling government interest. [read post]
1 Nov 2020, 12:57 pm
” The memo first examines the coronavirus-related securities lawsuits filed during the May to September time frame that share the characteristics of the earlier filed coronavirus related securities lawsuits – that is, the lawsuits targeted defendant companies (such as pharmaceutical companies and diagnostic testing companies) directly involved in the response to the pandemic and defendant companies in industries (such as the travel industry) that were heavily impacted by… [read post]
30 Oct 2020, 2:25 pm
A jury found in favor of the plaintiff, and the defendant appealed. [read post]
30 Oct 2020, 11:06 am
Courts of Appeals for the 2nd, 9th, 10th and 11th Circuits; and (2) whether the 7th Circuit erred in allowing a plaintiff to avoid the limitations on a Section 2 refusal-to-deal claim by reframing it as some other form of anticompetitive conduct, such as tying, in direct conflict with Pacific Bell Telephone Co. v. [read post]
30 Oct 2020, 5:00 am
Jan. 31, 2020), a majority of justices on the Pennsylvania Supreme Court declined to reconsider its original decision in this case from 2019 in which the court struck down the statute of repose thereby allowing a wider avenue of recovery for Plaintiffs in a certain class of medical malpractice claims. [read post]
29 Oct 2020, 9:01 pm
By definition, both plausible injunctions in the ACA context will redress the plaintiff’s legal injury, but perhaps one injunction will better redress the plaintiff’s injury-in-fact. [read post]
29 Oct 2020, 6:48 pm
” And, because the litigation funding documents “would not have been created in substantially similar form but for the prospect of [the] litigation…[t]he agreements therefore satisfy the ‘because of’ test and constitute work product. [read post]
29 Oct 2020, 6:48 pm
” And, because the litigation funding documents “would not have been created in substantially similar form but for the prospect of [the] litigation…[t]he agreements therefore satisfy the ‘because of’ test and constitute work product. [read post]
29 Oct 2020, 12:30 pm
For the same reasons, the other elements of the test were met. [read post]
29 Oct 2020, 10:38 am
Plaintiffs have generally brought two kinds of challenges. [read post]
29 Oct 2020, 8:33 am
The plaintiff complied with neither part of this rule. [read post]
29 Oct 2020, 7:29 am
The purpose of the zone-of-interests test is to “foreclose[] suit only when a plaintiff’s interests are so marginally r-lated to or inconsistent with the purposes implicit in the statute that it cannot reasonably be assumed that Congress authorized that plaintiff to sue. [read post]
28 Oct 2020, 4:54 pm
However, medical reports indicate that the teenager also tested positive for COVID-19, the coronavirus. [read post]
