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19 Oct 2020, 7:47 am
” As the court reasoned, following the plain language of Rule 23(h) “ensures that class members have full information when considering . . . a fee request” as well as “ensures that the district court is presented with a fee petition that has been tested by the adversarial process. [read post]
19 Oct 2020, 7:47 am
” As the court reasoned, following the plain language of Rule 23(h) “ensures that class members have full information when considering . . . a fee request” as well as “ensures that the district court is presented with a fee petition that has been tested by the adversarial process. [read post]
18 Oct 2020, 4:59 pm
The Open Rights Group has a piece “Demand Privacy Protections for Test and Trace”. [read post]
18 Oct 2020, 11:31 am
In the majority's view, the plaintiffs could not show that Kentucky's requirements would impose an "undue burden" on the right of a woman to obtain an abortion Judge Eric Clay dissented. [read post]
17 Oct 2020, 5:29 am
Here, the trial court found that certain elements were not met and declined to find in plaintiff’s favor. [read post]
17 Oct 2020, 2:21 am
Copyright-Infringement To succeed on a copyright-infringement claim, a plaintiff must establish “(1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original. [read post]
16 Oct 2020, 6:28 pm
Defendant will be enjoined from proceeding in its hearing against plaintiff until its treatment of plaintiff has been tested and this case has run its course…. [read post]
16 Oct 2020, 12:30 pm
The list differs in some ways from the original; among other things, it requires weekly testing with results within 48 hours. [read post]
16 Oct 2020, 10:29 am
Ten is right that this is not a control question; it is instead a biased comparison drawing attention to the absence of a photo that will predictably elicit “oh, the ad is worse without a picture,” and it fails to test whether the difference is from the absence of a picture versus the absence of a picture of plaintiffs, the only relevant legal question. [read post]
16 Oct 2020, 5:01 am
Rather, the test is whether the enterprise intended to express its views publicly, or merely to engage in private lobbying. [read post]
16 Oct 2020, 3:55 am
Even assuming, arguendo, that the claim was properly pleaded, plaintiff has failed to establish that he would have prevailed in the underlying action but for the defendants’ malpractice (see U Joan Sung v Park, 181 AD3d454 [! [read post]
15 Oct 2020, 8:14 am
The evidence will stand the test of time (so long as it doesn’t get lost or destroyed). [read post]
14 Oct 2020, 2:32 pm
., 19-1098Issues: (1) Whether an agreement among the members of a joint venture on how best to distribute the venture’s jointly created core product may be condemned under the Sherman Act without requiring the plaintiff to establish that defendants harmed competition in a properly defined antitrust market; and (2) whether, notwithstanding the Supreme Court’s decision in Illinois Brick Co. v. [read post]
14 Oct 2020, 12:02 pm
The Takeaway This case is unique and will likely test the boundaries of the U.S. [read post]
14 Oct 2020, 7:08 am
The Court noted that Plaintiff’s biomechanical expert conceded that he could not conduct testing on the mountain where the pipe had been located even if it was not removed. [read post]
14 Oct 2020, 7:08 am
The Court noted that Plaintiff’s biomechanical expert conceded that he could not conduct testing on the mountain where the pipe had been located even if it was not removed. [read post]
12 Oct 2020, 9:01 pm
” Both sets of plaintiffs, individuals (hereafter Hurley) and states (hereafter Texas), advance conventional bases for standing to challenge the constitutionality of §5000A, the provision stating that individuals “shall” procure insurance coverage—the so-called “individual mandate. [read post]
12 Oct 2020, 12:55 pm
Event Announcements (More details on the Events Calendar) Monday, October 12, 2020, at 9:00 a.m.: The Senate Judiciary Committee will hold the first of four consecutive days of hearings on the nomination of Judge Amy Coney Barrett to serve as an associate justice of the U.S. [read post]
12 Oct 2020, 8:18 am
Much of the progress in algorithmic game theory in recent years has used the game poker as a test bed. [read post]
11 Oct 2020, 4:01 am
An “effects-based” test. [read post]