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10 Oct 2020, 11:29 am by Eugene Volokh
Rather, RFRA requires the District to "demonstrate that the compelling interest test is satisfied through application of the challenged law 'to the person'—the particular claimant whose sincere exercise of religion is being substantially burdened. [read post]
9 Oct 2020, 9:51 pm by Mary Mock
A plaintiff would need to show the specific act or situation that created exposure. [read post]
9 Oct 2020, 9:51 pm by Mary Mock
A plaintiff would need to show the specific act or situation that created exposure. [read post]
9 Oct 2020, 12:31 pm by Adam Feldman
(A sample of 30 cases was used to test for the reliability and validity of the coding through an intercoder reliability test. [read post]
9 Oct 2020, 9:57 am by Howard M. Wasserman
Marotta insisted his test was not so limited, but extended to any place with a sufficient proximate-cause link. [read post]
8 Oct 2020, 3:04 pm by Richard Reibstein Esq.
Applying a multi-factor test, the Court found that the amended complaint pleads factual allegations that, if proven, “would establish that Plaintiffs’ work and business operations were subject to substantial control by Defendants,” and constitute a “colorable prima facie demonstration that they are Goya employees. [read post]
8 Oct 2020, 9:25 am by INFORRM
The Court further held that the Enabling Decision was a “serious violation of the right to privacy” and that, due to the fundamental importance of the freedom of the press, any contact tracing of journalists who tested positive for the coronavirus by the ISA would require their consent. [read post]
8 Oct 2020, 7:48 am by Florian Mueller
Oracle America (petitioner v. respondent as opposed to plaintiff v. defendant): the Android maker's non-copyrightability defense has a snow flake's chance in hell.I wrote yesterday's triumphant post on the basis of having listened to the hearing on C-SPAN Radio (over the web). [read post]
8 Oct 2020, 6:05 am by Second Circuit Civil Rights Blog
Iqbal (2009), requiring the plaintiff to advance non-conclusory and plausible allegations. [read post]
7 Oct 2020, 3:23 pm by John Elwood
., 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]
6 Oct 2020, 8:20 am by Howard M. Wasserman
The plaintiffs identify a number of defects in Ford’s proximate-cause test, which would “radically reshape the jurisdictional landscape. [read post]
6 Oct 2020, 7:17 am by Jessica A. Huse
Thereafter, in 2017, Plaintiffs commenced a related counterfeiting action against the H&H Defendants (“Abbott II”), alleging that defendants were selling test strips repackaged into counterfeit U.S. boxes. [read post]
6 Oct 2020, 7:17 am by Jessica A. Huse
Thereafter, in 2017, Plaintiffs commenced a related counterfeiting action against the H&H Defendants (“Abbott II”), alleging that defendants were selling test strips repackaged into counterfeit U.S. boxes. [read post]
6 Oct 2020, 7:17 am by Jessica A. Huse
Thereafter, in 2017, Plaintiffs commenced a related counterfeiting action against the H&H Defendants (“Abbott II”), alleging that defendants were selling test strips repackaged into counterfeit U.S. boxes. [read post]
6 Oct 2020, 5:57 am
 The Court quickly concluded that the plaintiff in this particular case had properly pled such a claim:She alleges she legally purchased and used medical marijuana, disclosed her status as a cardholder, failed a drug test at work and then was fired the same day she recertified her medical marijuana card.Now, we still don't have a state or federal appellate court decision on this issue - so, stay tuned. [read post]
Relying on the “functional test” set forth in a line of cases distinguishing discretionary decisions from ministerial ones (e.g. [read post]
5 Oct 2020, 9:01 pm by Laura Dooley and Rodger Citron
This means Ford is unable to argue that it could not have anticipated the possibility of being sued in Montana or Minnesota given its success selling cars in those states.Instead Ford argues for a relatedness test that it labels a “proximate cause” requirement but is actually significantly stricter than a foreseeability test: a requirement that the defendant have a contact with the forum state that is an “operative fact” in plaintiff’s claim… [read post]
5 Oct 2020, 12:04 pm by Anna Salvatore, Tia Sewell
Event Announcements (More details on the Events Calendar) Monday, October 5, 2020 at 3:00 p.m.: Brookings will hold a webinar on the future of U.S. policy in Mexico and Central America. [read post]