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18 Jun 2020, 9:05 pm
House of Representatives, the Senate bill would not limit qualified immunity, a doctrine which places limits on a plaintiff’s ability to sue police officers for actions taken in the course of their duties. [read post]
18 Jun 2020, 3:52 pm
But we need not test this chain of reasoning because DACA is not simply a non-enforcement policy. [read post]
18 Jun 2020, 2:00 pm
The deadline to apply to be lead plaintiff, or class representative, is August 17, 2020. [read post]
18 Jun 2020, 1:58 pm
Congress later included its own interpretation of the “motivating factor” test, thus superseding this decision, when it passed the Civil Rights Act of 1991. [read post]
18 Jun 2020, 8:56 am
The court concluded that the facts met the legal test: Ms. [read post]
18 Jun 2020, 3:30 am
In 15 of the 17 jurisdictions that retain a consumer expectations test, Twerski could not find a single case in which the plaintiff did not introduce evidence of a reasonable alternative design. [read post]
18 Jun 2020, 3:00 am
Plaintiffs appealed. [read post]
17 Jun 2020, 2:22 pm
And that fact ought to move the case from Smith's rational basis test to Lukumi's strict scrutiny. [read post]
17 Jun 2020, 7:22 am
Further, the plaintiff’s expert affidavit failed to account for the fact that a significant portion of the delay in obtaining a diagnosis was caused by the plaintiff’s failure to undergo testing. [read post]
16 Jun 2020, 2:18 pm
July 26, 2019: An addendum to the letter agreement was prepared whereby the engagement of services would also include penetration testing of systems and endpoints. [read post]
16 Jun 2020, 11:51 am
One fun fact of the case: One plaintiff worked as a skydiving instructor, until it was learned he was gay, and then his ripcord was pulled and he was fired. [read post]
16 Jun 2020, 7:41 am
The Court explained: Tennessee decisions have rejected the proposition that a healthcare liability defendant has a duty to assist a plaintiff achieve compliance or to test whether an obviously deficient HIPAA form would allow the release of records. [read post]
15 Jun 2020, 6:01 pm
” Title VII uses the “but-for” test to establish causation, meaning a particular outcome would not have occurred “but-for” the alleged cause. [read post]
15 Jun 2020, 3:00 pm
Finally, the employers suggest that because the policies at issue have the same adverse consequences for men and women, a stricter causation test should apply. [read post]
15 Jun 2020, 2:27 pm
The plaintiff seeks damages for the plaintiff class. [read post]
15 Jun 2020, 12:46 pm
A subgroup of these people are in for “violent” offenses, which can range from murder to more benign actions like failing a urine test repeatedly. [read post]
15 Jun 2020, 12:00 am
Finally, the employers suggest that because the policies at issue have the same adverse consequences for men and women, a stricter causation test should apply. [read post]
14 Jun 2020, 9:14 am
Barnhill, in which the court held that the plaintiff had sufficiently stated a Caremark claim against the board of an ice cream manufacturer, Blue Bell Creamery, that had suffered a listeria outbreak leading to three deaths. [read post]
14 Jun 2020, 6:31 am
“[O]nce residency is established, the test is no longer physical presence but rather abandonment. [read post]
13 Jun 2020, 11:51 am
" … And the court (among other things) pointed to this alternative: [T]he Plaintiffs propose [an] alternative—a voluntary tour [read post]