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1 Mar 2010, 9:21 am by Andrew S. Alitowski
To make out a prima facia case, plaintiffs must satisfy both an object and subjective test proving 1) that the conduct was sever or pervasive enough to create an environment that a reasonable person would find hostile or abusive, and 2) that a plaintiff subjectively regarded the environment as abusive. [read post]
28 May 2019, 7:52 am by Benjamin Beaton
(“Defendants violated Plaintiffs’ rights to bodily integrity” by failing “to protect Plaintiffs from a foreseeable risk of harm. [read post]
5 May 2013, 10:07 am
The plaintiffs allege that Takeda Pharmaceuticals failed to warn about the risk of cancer from Actos. [read post]
14 Oct 2014, 1:03 pm
The first ended in a mistrial in July after the judge accused a top company official of witness tampering and perjury, then admonished the plaintiffs for gamesmanship. [read post]
18 Dec 2013, 7:50 am by Second Circuit Civil Rights Blog
Plaintiff ignored repeated and clear commands to return to the ground. [read post]
3 Oct 2013, 10:38 pm by Hall Marston
Plaintiff and defendant were doctors who formed a corporation to serve patients of a health maintenance organization (“HMO”). [read post]
5 Apr 2013, 8:13 am
The jury also finds plaintiff half responsible for her damages, cutting her award in half. [read post]
30 Apr 2020, 4:59 am by Derek T. Muller
The existing regime of flabby balancing tests derived from rather vague constitutional provisions strikes me as unworkable and unsustainable. [read post]
17 Dec 2013, 1:25 pm by David Cosgrove
The Plaintiff was a retired school teacher that reinvested $4 million in proceeds from the sale of various rental properties. [read post]
13 Oct 2021, 6:28 am by Second Circuit Civil Rights Blog
Plaintiffs sued, arguing their religious objection draws from "the sincere religious belief that they cannot consent to be inoculated ... with vaccines that were tested, developed or produced with fetal cell lines derived from procured abortions. [read post]
3 Oct 2014, 4:01 pm by Ray McKoski
Applying a balancing test, the court found that plaintiffs’ reproductive health and medical treatments were “extremely private and sensitive topics” and that individual privacy concerns outweighed the public’s interest in open court proceedings. [read post]
26 Nov 2012, 11:01 am
  The magistrate judge granted the motion, implicitly adopting the playbook approach to the substantial relationship test. [read post]
7 Jul 2014, 5:30 am
Freedom of Information Commission (Administrative agencies; certification from Appellate Court; request made pursuant to Freedom of Information Act (§ 1-200 et seq.) that plaintiff department of public safety provide access to police report of incident; claim that plaintiff violated act by failing to disclose requested arrest report; "The defendant, the Freedom of Information Commission (commission), appeals, upon our grant of its petition for certification,  from… [read post]
4 Mar 2014, 6:00 am by Daniel E. Cummins
Fed.R.C.P. 26, the court granted in part and denied in part the Plaintiff's motion to compel the post-accident investigative materials created and/or secured by the Defendants within the first several months after the occurrence of the accident.In attempting to set parameters for the application of the work product doctrine to the issue presented, Judge Rambo noted that the key test to be applied is whether it could be reasonably said… [read post]
27 Apr 2014, 4:12 pm
As a result of the injuries sustained, the mother was transported to a nearby hospital where fetal testing was performed. [read post]
11 May 2020, 4:15 am by Howard Friedman
Accordingly, taking all facts set forth in the Complaint as true, Plaintiffs have set forth sufficient allegations that Defendants’ actions had the primary effect of advancing and endorsing religion and, thereby, violate the Lemon test and the requirements of the Establishment Clause. ....Contrary to Defendants’ argument, the Supreme Court has long recognized that the Constitution does not permit “a system of government in which important, discretionary… [read post]