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28 Sep 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]
28 Sep 2020, 1:51 am
The failed-purpose test’s focus on the LLC’s “stated purpose” has generated controversy and litigation, especially in dissolution cases involving realty holding LLCs. [read post]
25 Sep 2020, 12:30 pm
Director of IJ's Center for Judicial Engagement Anthony Sanders tells us how supporting the extreme version of the rational basis test in some cases but not others is a bargain with Leviathan that you just can't win. [read post]
25 Sep 2020, 7:39 am
The bill died under the “fast, free, and friendly” test, i.e., it faced too much opposition. [read post]
24 Sep 2020, 9:03 am
Professional medical care and tests may reveal any delayed signs of an injury that is causing hidden damage. [read post]
22 Sep 2020, 4:11 pm
It also has no application to the classification of workers under state independent contractor tests, most of which vary considerably from the test under the FLSA. [read post]
22 Sep 2020, 4:05 pm
But in its modern form, its function is to balance the freedom of the press and the right of the claimant to protect his reputation, by confining the plaintiff to the post-publication remedies to which he may prove himself entitled at a trial. [read post]
22 Sep 2020, 7:24 am
In Halliburton II, an opinion written by Chief Justice Roberts, Justice Ginsburg wrote a one paragraph concurrence in which she explained that she agreed with the Court based on the "understanding" that a defendant must show the absence of price impact and that a plaintiff’s "tenable claims" would be capable of proceeding.There remain several justices on the Court who believe that judicially created causes of action, such as the private securities class action,… [read post]
21 Sep 2020, 7:24 pm
The court applied the Second Circuit’s test for Section 230 immunity as set out in La Liberte v. [read post]
21 Sep 2020, 3:04 pm
The plaintiff in the case was trying to submit expert testimony on the connection between lead poisoning and ADHD, and disputes arose over the admissibility of the evidence. [read post]
21 Sep 2020, 2:00 pm
President Donald Trump announced on Saturday that he would nominate a woman to fill the vacancy left by the death of Justice Ruth Bader Ginsburg. [read post]
21 Sep 2020, 11:49 am
Event Announcements (More details on the Events Calendar) Tuesday, September 22, 2020, at 10:00 a.m.: The House Foreign Affairs Subcommittee on Asia, the Pacific and Nonproliferation will hold a hearing on human rights and democratic values in Asia. [read post]
21 Sep 2020, 10:45 am
This could include ambulance costs, lab testing, treatment, medication, and hospital stays. [read post]
21 Sep 2020, 5:11 am
Judge Martin dissented from this portion of the opinion, concluding that the majority’s decision was inconsistent with a 1983 decision of the Eleventh Circuit that had set forth a fairness test for such awards, similar to the approach taken by other circuits (albeit without thoroughly evaluating the authority to make such awards). [read post]
20 Sep 2020, 7:59 pm
The most controversial change involves the certification test, adding additional requirements of predominance and superiority to the test. [read post]
19 Sep 2020, 8:29 am
One said this was Alexander’s way of “testing the waters” with women he found attractive. [read post]
18 Sep 2020, 6:26 pm
A major part of the strategy employed by Ginsburg and the ACLU was using men as plaintiffs to challenge gender-based classifications. [read post]
18 Sep 2020, 1:03 pm
Discussing Implicit Bias with Prospective Jurors For the past decade, millions have taken the Harvard Implicit Bias Test to better understand the dynamics of unconscious influences on decision making. [read post]
18 Sep 2020, 7:49 am
According to the plaintiffs, the total settlement represents 28% of the maximum estimated exposure of $14.3 million. [read post]
18 Sep 2020, 3:30 am
Second, the plaintiff knew that the defendant drug tested. [read post]
