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11 Aug 2022, 11:42 am
” The complaint alleges that the defendants violated Sections 11 and 12(a)(2) of the Securities Act of 1933. [read post]
11 Aug 2022, 10:48 am
Under the FEHA, an adverse employment action must be reasonably likely to impair an employee’s job performance or prospects for advances.[2] It does not include minor or trivial actions that do no more than anger or upset an employee. [read post]
11 Aug 2022, 8:08 am
The opinion states that the burden of persuasion borne by a defendant in fundamental error review does not permit him to remain silent at trial and reserve the ‘hole card’ of a later appeal on a matter that was curable at trial. [read post]
11 Aug 2022, 7:02 am
A baby in your belly stupidly does not. [read post]
11 Aug 2022, 2:00 am
“This time, however, instead of defending a ‘strong’ early American state operating largely through the common law,” as Ahmed puts it, I chronicle instead “the emergence of a recognizably modern, national administrative state” between the Civil War and the New Deal via major transformations in the law of 1) citizenship, 2) police power, 3) public utility, 4) antimonopoly, 5) social regulation, and 6) public administration. [read post]
10 Aug 2022, 6:01 am
Further, “the only judgment for appeal listed in the notice [was] the trial court’s January 25, 2021 order, which does not apply to any of them. [read post]
10 Aug 2022, 5:01 am
(A group that comprises scholars, former U.N. special rapporteurs on torture, retired military and intelligence officers, and human rights advocates walk through that argument’s obvious flaws here, as does Nashiri’s counsel in his mandamus petition below.) [read post]
9 Aug 2022, 3:13 pm
“The elements which a plaintiff must plead to state the cause of action for intentional interference with contractual relations are (1) a valid contract between plaintiff and a third party; (2) defendant’s knowledge of this contract; (3) defendant’s intentional acts designed to induce a breach or disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage. [read post]
9 Aug 2022, 2:24 pm
From the opinion, which I think is likely correct as to such narrow statutes focused on libels of candidates (because [1] narrowly crafted criminal libel statutes are generally constitutional under Supreme Court precedents, even though [2] broader laws banning lies in election campaigns, including ones that aren't libelous of particular individuals, are likely unconstitutional): The defendant, N. [read post]
9 Aug 2022, 2:22 pm
However, the plaintiff does not have to prove actual injury. [read post]
9 Aug 2022, 9:15 am
PVE is not an MTA website and MTA does not control it. [read post]
9 Aug 2022, 6:12 am
Leaving aside those larger questions, and assuming for the sake of argument that the United States is in an armed conflict with al-Qaeda, and that IHL therefore does apply to this strike, there remain complex legal questions. [read post]
9 Aug 2022, 6:04 am
” To support this decision, the Court pointed out, among other things, that: (1) the statute does not include a category that encompasses websites; and (2) Congress has not amended the ADA to clarify this matter. [read post]
9 Aug 2022, 5:01 am
-China Tensions On Aug. 2, House Speaker Nancy Pelosi arrived in Taiwan during her tour of Asia. [read post]
8 Aug 2022, 5:00 am
In this regard, the notion that the Fair Share Act does not apply when an injured party plaintiff is an innocent victim of the negligence of another seems to be gaining steam in recent several state and federal court decisions despite the fact that this notion is based upon dicta initially espoused in the Spencer decision. [read post]
8 Aug 2022, 3:00 am
” It is important to note that Gooding did not hold that the specific statements made by the defendant were protected speech. [read post]
8 Aug 2022, 2:26 am
If it does so, then the burden shifts to the respondent to submit evidence and argument in its favor. [read post]
7 Aug 2022, 11:45 am
The law assumes that proof beyond a reasonable doubt, clear and convincing evidence, and preponderance of evidence are standards of proof providing defendants with different degrees of protection on a sliding scale, with beyond a reasonable doubt providing the most protection. [read post]
7 Aug 2022, 8:39 am
” from Defendant on May 17 and had them for lunch on May 28. [read post]
7 Aug 2022, 8:30 am
But the ease provided by Form 1023-EZ for a founder intentionally or unintentionally to get 501(c)(3) status for an organization that does not qualify is alarming. [read post]
