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6 Jun 2024, 2:03 pm
The plaintiffs in the case, shareholders in Facebook, allege that the company defrauded them by its description of “risk factors” in their annual Form 10-K and quarterly Form 10-Q filings. [read post]
6 Jun 2024, 2:00 pm
Where does the duty-based analysis fit into the 3-element test? [read post]
6 Jun 2024, 8:56 am
This was precisely the scenario that unfolded between Plaintiff Slush Puppie Ltd. [read post]
6 Jun 2024, 7:14 am
” The court held that the second part of this test was met. [read post]
5 Jun 2024, 1:56 pm
They may not appear on traditional imaging tests like x-rays making their severity subjective and open to interpretation. [read post]
5 Jun 2024, 8:41 am
But the reasonable person test is inadequate: It obscures critical questions, including the relative weight we should give to descriptive rather than normative perspectives, to subcommunities as opposed to larger communities, or to the varying perspectives of the plaintiff, the speaker, and the relevant community. [read post]
4 Jun 2024, 4:30 am
Consistent with the doctor’s notes the plaintiff provided, the defendant tried to accommodate her by relocating her workspace and conducting indoor air quality testing. [read post]
3 Jun 2024, 10:00 pm
Watch now » Related Content Screening and Hiring Resource Kit Access links to non-jurisdictional and state-specific materials on recruiting, screening, testing, hiring, and onboarding. [read post]
3 Jun 2024, 6:00 am
Moreover, under the circumstances presented, plaintiff has failed to meet her prima facie burden of discrimination based on her religion under the McDonnell Douglas test and the somewhat more flexible "mixed-motive" framework (see Melman v Montefiore Med. [read post]
3 Jun 2024, 6:00 am
Moreover, under the circumstances presented, plaintiff has failed to meet her prima facie burden of discrimination based on her religion under the McDonnell Douglas test and the somewhat more flexible "mixed-motive" framework (see Melman v Montefiore Med. [read post]
3 Jun 2024, 5:19 am
What else could you possibly ask to test plaintiffs’ theory of liability?) [read post]
31 May 2024, 2:08 pm
The U.S. [read post]
31 May 2024, 4:30 am
Kim or administered any tests. [read post]
30 May 2024, 12:35 pm
To state a claim that the government violated the First Amendment through coercion of a third party, a plaintiff must plausibly allege conduct that, viewed in context, could be reasonably understood to convey a threat of adverse government action in order to punish or suppress the plaintiff 's speech. [read post]
30 May 2024, 10:56 am
” These tests, the Court explains, might serve “as a useful, though nonexhaustive, guide. [read post]
30 May 2024, 10:50 am
Although that test might in some scenarios be useful, Gorsuch acknowledged, they are merely “guideposts”: The key question, he stressed, is whether a plaintiff “has ‘plausibly alleged conduct that, viewed in context, could reasonably be understood to convey a threat of adverse government action in order to punish or suppress the plaintiff’s speech. [read post]
30 May 2024, 7:00 am
As the plaintiff, the burden is on you to meet the standard of proof, which is a preponderance of the evidence. [read post]
29 May 2024, 4:58 pm
.,[14] in which a similar contract was at issue.[15] In Wagner, the Vice Chancellor described Moelis as having adopted a two pronged test. [read post]
29 May 2024, 7:00 am
Injured children might need diagnostic testing to confirm birth injuries and their cause. [read post]
28 May 2024, 9:01 pm
Plaintiffs’ Copyright Infringement Theories Training the AI Requires Copying Copyrighted Works Most of the plaintiffs in the cases, with the notable exception of Doe 1 v. [read post]