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28 Oct 2020, 1:00 pm
The city fails that test, CSS argued. [read post]
28 Oct 2020, 9:16 am
For their undue burden claims, plaintiffs relied on what is known as the Anderson-Burdick test. [read post]
28 Oct 2020, 8:38 am
Editor’s Note: Lawfare is not a public health law site, and normally, we would not run a piece on food and drug law and the authority of the FDA. [read post]
28 Oct 2020, 7:04 am
It’s a robust discussion from a state court of the Anderson-Burdick balancing test. [read post]
27 Oct 2020, 6:14 pm
Although the class action waiver satisfied the reasonable communicativeness test, Plaintiffs argued that the waiver should not be enforced based on the principles of fundamental fairness and unconscionability, as well as a matter of public policy. [read post]
27 Oct 2020, 3:32 pm
Seems that many plaintiffs believe that wearing masks is itself a health hazard, denying breathers access to oxygen. [read post]
27 Oct 2020, 12:43 pm
Plaintiffs have cited Disc Disease for the proposition that element-by-element allegations are not required when a plaintiff identifies the product(s) accused of infringement by name or by photograph of the product packaging. [read post]
27 Oct 2020, 11:57 am
We therefore refuse to divert from our current substantial similarity test. [read post]
27 Oct 2020, 11:57 am
We therefore refuse to divert from our current substantial similarity test. [read post]
27 Oct 2020, 9:02 am
The hard part is that not all of the testing will likely be funded. [read post]
27 Oct 2020, 7:54 am
This test comes from the Supreme Court’s decisions in Anderson v. [read post]
27 Oct 2020, 7:54 am
This test comes from the Supreme Court’s decisions in Anderson v. [read post]
27 Oct 2020, 7:00 am
Employee Protections: Freedom from Retaliation With the passage of HB 6032, employers are prohibited from discharging, disciplining or otherwise retaliating against an employee who does not report to work because they: (a) are exhibiting principal symptoms of, or have tested positive for, COVID-19 (even if the employee later tests negative); or (b) had close contact with an individual who tests positive for COVID-19 or displays the principal symptoms of COVID-19. [3]… [read post]
27 Oct 2020, 6:00 am
And for almost as long, the Supreme Court has recognized that the Constitution protects the "fundamental right" of parents like Plaintiffs Yitzchok and Chana Lebovits to direct their children's religious education. [read post]
27 Oct 2020, 6:00 am
And for almost as long, the Supreme Court has recognized that the Constitution protects the "fundamental right" of parents like Plaintiffs Yitzchok and Chana Lebovits to direct their children's religious education. [read post]
27 Oct 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]
26 Oct 2020, 12:04 pm
Event Announcements (More details on the Events Calendar) Monday, October 26, 2020 at 8:00 p.m.: Yale Law School will host a book talk on the U.S. president and immigration law. [read post]
26 Oct 2020, 11:18 am
By Andy Foreman A version of this article was originally published by Law360 on Oct. 21, 2020. [read post]
26 Oct 2020, 8:00 am
If high-ranking executive officials have absolute immunity, that will sufficiently protect the separation of powers without needing the “clearly established law” test — which pervasively denies plaintiffs money damages when lower-ranking executive officials violate their constitutional rights. [read post]
23 Oct 2020, 3:17 pm
At trial, the plaintiff submitted a jury instruction that stated that the jury could find the defendant liable for an unreasonably dangerous product if the plaintiff established the consumer expectations test or risk-utility test. [read post]