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7 Sep 2020, 2:06 pm
As a general matter, the cases tend to fall into one of three categories: (1) lawsuits against companies that experienced a COVID outbreak in one of its facilities (such as, for example, cruise ship lines and private prison systems); (2) lawsuits against companies that made public statements suggesting the companies could profit from the pandemic (such as vaccine development companies, as well as manufacturers of personal protective equipment or diagnostic tests); and (3) companies… [read post]
6 Sep 2020, 6:04 pm
A possible time-will-tell take-away from this opinion could make it easier for Caremark claim plaintiffs to survive the pre-suit demand test. [read post]
4 Sep 2020, 1:08 pm
Naturally, the driver is arrested on suspicion of drunk driving, despite passing a breathalyzer test, and is charged with multiple…y'know what, just grab a stiff drink and read the case. [read post]
4 Sep 2020, 10:21 am
We’ll have to see if the plaintiff can succeed when the legal tests become more stringent. [read post]
4 Sep 2020, 9:21 am
” Turning to the second step, the Court reasoned that “[b]ecause the Subject Designs are entitled to broad copyright protection, a plaintiff can satisfy the extrinsic test by showing that the works are substantially similar. [read post]
4 Sep 2020, 3:00 am
Inside Trump’s Pressure Campaign on Federal Scientists Over a Covid-19 Treatment MSN – Laurie McGinley, Yasmeen Abutaleb, Josh Dawsey, and Carolyn Johnson (Washington Post) | Published: 8/31/2020 The Food and Drug Administration (FDA) has made a series of missteps recently, following flip-flops earlier this year on authorizing and then revoking clearance for the anti-malarial drug hydroxychloroquine and its initial decision not to regulate Covid-19 antibody tests. [read post]
3 Sep 2020, 1:06 pm
If you can do any job for which you have the education, training and experience, then you won’t meet the test for disability. [read post]
3 Sep 2020, 6:00 am
AB 1947 would amend Section 98.7 of the Labor Code to extend the deadline for filing Labor Commissioner complaints from six months to one year after a violation and to amend Section 1102.5 of the Labor Code to authorize courts to award reasonable attorney’s fees to plaintiffs who bring a successful Section 1102. [read post]
3 Sep 2020, 4:28 am
Protecting privacy accords with the ordinary test for liability in nuisance as the assessment of whether the claimant has a reasonable expectation of privacy fits easily into the inquiry of whether the defendant’s user constitutes an actionable nuisance. [read post]
2 Sep 2020, 11:36 am
Department of Homeland Security et al., an attorney representing the advocacy group plaintiffs notes, “DHS’s rule is cruel and unlawful. [read post]
2 Sep 2020, 7:42 am
He also acknowledges that (at the Plaintiff's request) he and the Plaintiff shared intimate photos of each other on their respective cell phones. [read post]
2 Sep 2020, 7:00 am
The Regents claim that disabled plaintiffs will not be harmed because, under the test-optional admissions process, the campuses will initially conduct a “holistic” review and only consider the scores of test submitters in a second round. [read post]
2 Sep 2020, 4:00 am
But, because Catholic teachings have implications for some social issues that some consider offensive, those messages were shared, student outrage was fomented, and the Student Senate implemented an ad hoc religious test for office: no one with Mr. [read post]
2 Sep 2020, 4:00 am
Here, the Plaintiffs are in Alberta and Ms. [read post]
1 Sep 2020, 4:19 pm
But if they do, it may not go the way some plaintiff’s attorneys are hoping. [read post]
1 Sep 2020, 11:31 am
Allegations are sufficient if they put a reasonable person on notice as to why the plaintiff is suing. [read post]
1 Sep 2020, 8:11 am
Event Announcements (More details on the Events Calendar) Monday, August 31, 2020 at 12:00 p.m.: The Atlantic Council hosted an online panel discussion about how the 1979 hostage crisis and botched rescue mission still cloud U.S. [read post]
1 Sep 2020, 5:17 am
Plaintiffs argued that this case met the commonality requirement because “Defendants had a duty to perform water quality tests, as well as a duty to require employees to inform them of illnesses and exclude them from the premises in those instances. [read post]
31 Aug 2020, 2:36 pm
It included a host of medically unnecessary requirements, including random drug and alcohol testing. [read post]
31 Aug 2020, 1:37 pm
The trial court dismissed the plaintiffs' complaint, concluding that, because the issue presents a nonjusticiable political question, the court lacked subject matter jurisdiction. [read post]