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13 Sep 2020, 11:01 pm by Jeffrey S. Horton Thomas
The bill raises the specter of public access to employers’ reports, including, potentially by plaintiff’s attorneys. [read post]
13 Sep 2020, 11:01 pm by Jeffrey S. Horton Thomas
The bill raises the specter of public access to employers’ reports, including, potentially by plaintiff’s attorneys. [read post]
13 Sep 2020, 7:34 pm by Omar Ha-Redeye
In other words, the Court agrees what the appropriate test is for anti-SLAPP motions, but they disagreed about how it should apply in the context of Platnick. [read post]
13 Sep 2020, 4:01 am by Administrator
Importantly, this standard is more demanding than the one applicable on a motion to strike, which requires that the claim have some chance of success under the “plain and obvious” test, and also more demanding than requiring that the claim have a reasonable prospect of success, a standard the S.C.C. also used to animate the “plain and obvious” test. [read post]
11 Sep 2020, 1:00 pm by Mashel Law, L.L.C.
In 2018, Plaintiff Anthony Alleyne filed a class action lawsuit against his employer, the New Jersey Transit Corporation (NJ Transit), alleging that NJ Transit violated the LAD by discriminating against him based on his disability, sleep apnea. [read post]
  These elements are designed to harmonize the existing burden-shifting test with the safeguards against “abusive” disparate impact claims discussed in Inclusive Communities. [read post]
11 Sep 2020, 4:03 am by Michael Boyd
In 2007, the trial court ruling was reviewed by the United States Court of Appeals for the Sixth Circuit, who overturned it on the basis that the ACLU and other plaintiffs did not have legal standing to sue because they could not say with certainty that they were surveilled as a result of the program. [read post]
11 Sep 2020, 3:00 am by Jim Sedor
COVID-19 Tests Unions’ Ability to Deliver Votes, Manpower, Money to Democrats Roll Call – Jim Saska | Published: 9/10/2020 Unions’ strength amid the epidemic will be tested this fall. [read post]
10 Sep 2020, 10:42 am by Rebecca Tushnet
Authenticity: There was a material dispute over the authenticity of (some of) the MJ branded sunglasses based on MJ’s claim that it hadn’t sold enough pairs to the third parties from whom defendants bought to make up their supply, though MJ apparently wasn’t able to determine from test purchases that there were any counterfeits or stolen products. [read post]
10 Sep 2020, 10:30 am by Rebecca Tushnet
” Advanced scientific testing was required to reveal its presence. [read post]
10 Sep 2020, 10:19 am by Joel Griswold and Lindsay McCall
For example, in California, Governor Gavin Newsom signed Executive Order N-62-20, which created a rebuttable presumption that any employee who tested positive for COVID-19 contracted it in the course and scope of employment as long as that employee tested positive for the virus within 14 days after working on-site on or after March 19, 2020. [read post]
Similarly, employers may administer a COVID-19 test to employees before permitting them to enter the workplace, so long as the test is “job related and consistent with business necessity. [read post]
9 Sep 2020, 2:28 pm by Kevin LaCroix
The consumer plaintiffs insist that neither privilege applies. [read post]
8 Sep 2020, 3:44 pm by David Kopel
The district court denied plaintiffs' motion for a preliminary injunction. [read post]
8 Sep 2020, 2:41 pm by Patricia Hughes
” (Ontario Government’s Factum, para. 29) The government stated further, Concern for the welfare of others or disdain for government action are not sufficient bases to grant a plaintiff standing. [read post]
8 Sep 2020, 10:03 am by William Ford, Anna Salvatore
Event Announcements (More details on the Events Calendar) HED: The Week That Will BeBY: Anna Salvatore and Billy Ford (wford)SUM: Lawfare's weekly round-up of event announcements and employment opportunities. [read post]
8 Sep 2020, 8:00 am by Race to the Bottom
The plaintiffs argue the Garcias knew Carvana was uniquely positioned to address growing customer demand in safer car-buying experiences and have experienced massive growth between February and March. [read post]