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8 Jul 2020, 11:31 am
” In analyzing the ripeness issue, the court also concluded that the plaintiffs had not alleged facts showing actual, present harm, rejecting the groups’ assertion that they have been exposed to legal and reputational risks, forced to violate data furnishing agreements, and obstructed their ability to conduct normal banking business by trying to comply with SB 311. [read post]
8 Jul 2020, 5:49 am
One tested approach to trying a case where an insurance carrier is a defendant is “less is more. [read post]
7 Jul 2020, 6:52 am
Plaintiffs also claim the ventilation systems at the jail were always inadequate, and well water tests in 1996 demonstrated high levels of radon. [read post]
7 Jul 2020, 5:30 am
The government may believe a non-binding precedent is wrong, and choose to ignore it to tee up a test case. [read post]
6 Jul 2020, 8:11 pm
How much additional time the party will have to commence, file or serve will depend on whether the otherwise applicable procedural limitations period expired during or after the tolling period.Procedural limitation period expiring DURING the tolling period:>> Count the number of days from March 20, 2020 to the original limitations period's expiration and add that number of days after the tolling expires.For example, if a plaintiff's applicable statute of… [read post]
6 Jul 2020, 9:44 am
Indeed, in the mid-1980s, New Jersey plaintiffs’ lawyers regularly called Anderson as an expert witness to give the party line. [read post]
6 Jul 2020, 8:49 am
The defendants characterized the plaintiffs’ motion as one for preliminary injunction. [read post]
6 Jul 2020, 8:08 am
Plaintiff Warren Technology and defendant Tutco, LLC competed in the field of electric heaters. [read post]
6 Jul 2020, 8:08 am
Plaintiff Warren Technology and defendant Tutco, LLC competed in the field of electric heaters. [read post]
6 Jul 2020, 7:28 am
This case took 2.5 years, extensive discovery, and an ever-shifting plaintiff’s theory of the case before Judge Alsup finally shut it down. [read post]
6 Jul 2020, 4:30 am
At the time the complaint was filed, he had not yet tested positive for COVID-19 but “fears becoming infected and spreading the disease to others. [read post]
5 Jul 2020, 7:58 pm
[emphasis added by the court] The plaintiff claimed that the election of a local union officer was a private matter, which the Divisional Court agreed with, [37] The election of an official to a local union is NOT a matter of public interest caught by s. 137.1 of the Act. [read post]
5 Jul 2020, 11:20 am
However, it’s not a well-tested issue in U.S. courts. [read post]
3 Jul 2020, 2:00 pm
The court didn't discuss how the statute would be analyzed under the Second Amendment, because plaintiffs had raised only a state constitutional challenge. [read post]
3 Jul 2020, 11:31 am
The court said in part:Because the exemption is a content-based restriction, this provision can only stand if it survives strict scrutiny....Plaintiffs contend that the Governor cannot satisfy the least restrictive means test because a political party caucus is no more likely to spread COVID-19 than a church service.... [read post]
3 Jul 2020, 9:35 am
In addition to undergoing a contactless temperature check, anyone seeking to enter the facility will be asked whether they have: (i) experienced any flu-like symptoms, (ii) tested positive for COVID-19 (or been exposed to anyone who has tested positive), or (iii) returned from travel abroad or from certain states currently facing high rates of infection.[9] Any person registering a temperature 100 degrees or higher, or who answers affirmatively in response to the foregoing… [read post]
3 Jul 2020, 9:22 am
The government may try to “moot out” plaintiffs and dismiss a case challenging its exercise of discretion by granting their requests for a national-interest exception. [read post]
3 Jul 2020, 9:22 am
The government may try to “moot out” plaintiffs and dismiss a case challenging its exercise of discretion by granting their requests for a national-interest exception. [read post]
3 Jul 2020, 4:00 am
Moreover, plaintiffs’ expert witness, Dr. [read post]
3 Jul 2020, 4:00 am
” The first notable feature of this test is that it removes much of the speculation associated with a straight balancing test. [read post]
