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8 May 2020, 4:43 am
While the first question essentially reflects the DoE’s rejection of the Supreme Court’s test in Davis, which isn’t the first time this happened, the second goes to the agency’s jurisdiction, authority if you will, to stick its nose into peer to peer sex at all. [read post]
8 May 2020, 3:47 am
In the post-modern way, the plaintiffs urged the application of no test.[3] The Court held simply that the twilight zone test had not been incorporated in the statutory language of Rule 702. [read post]
7 May 2020, 9:05 pm
Department of Health and Human Services offered to send 1,000 tests and three Abbott point-of-care testing machines for use in screening public officials. [read post]
7 May 2020, 12:13 pm
He “remain[s] unconvinced by the plain-and-express-repudiation test,” but “confess[es] doubt . [read post]
7 May 2020, 11:00 am
"The plaintiff must show that defendant’s use of the mark is either (1) 'not artistically relevant to the underlying work' or (2) 'explicitly misleads consumers as to the source or content of the work' in order to satisfy the Rogers test. [read post]
7 May 2020, 10:04 am
It is not unusual for a plaintiff to win on one but not the other of two issues that are essential to the sought-after result. [read post]
7 May 2020, 9:53 am
The rideshare companies cannot meet A.B. 5’s “ABC” test, the plaintiffs contend. [read post]
7 May 2020, 8:14 am
In addition to some of the highlights contained in the official report, a deep dive of Lex Machina’s case repository reveals even more granular trends, demonstrating the wealth of information that can be gleaned and theories that can be tested from the data compiled from the more than 1.7 million federal cases in Lex Machina’s database. [read post]
7 May 2020, 8:02 am
Consumer plaintiffs James Cottle and Frederick Schoeneman claimed on Monday that Plaid has collected a “trove of data” from at least 200 million different bank accounts over the past few years by exploiting its role as a “middleman” between payment apps and their customers. [read post]
6 May 2020, 3:44 pm
The court found that without AllRide’s internal emails, WeRide had no method of testing AllRide’s claim that the 2018 source code was authentic; because of AllRide’s “mass spoliation,” WeRide could not test whether the 2018 source code was inconsistent with the destroyed documents. [read post]
6 May 2020, 9:50 am
” That misclassification, the state of California as plaintiff argues, not only deprives the drivers of their rights to protections such as minimum wage, insurance and sick leave, but has placed a burden on California taxpayers who end up covering the workers via tax dollars. [read post]
6 May 2020, 5:00 am
And if they’re not and people bring lawsuits, we file [a] statement of interest and side with the plaintiffs. [read post]
6 May 2020, 3:13 am
” [Michael Cannon, Cato at Liberty] Vaccines, birth control, Accutane: as plaintiff’s lawyers kept winning, the public kept losing [Beck] Tags: Andrew Cuomo, COVID-19 virus, hospitals, nursing homes, privacy [read post]
5 May 2020, 1:10 pm
For many decades, plaintiffs fought hard in lawsuits alleging even slight violations of these core rights. [read post]
5 May 2020, 9:55 am
This test will only declare unconstitutional the unseverable provisions of the law that actually injure the plaintiff. [read post]
5 May 2020, 5:03 am
" I think that's not right: It seems to me Direx was speaking about federal courts applying the basic federal preliminary injunction test (likelihood of success, irreparable harm, etc.), but wasn't authorizing federal courts to issue injunctions that state law precludes for state policy reasons. [read post]
4 May 2020, 12:37 pm
The court applied the exclusion despite a dispute about the accuracy of the blood test. [read post]
4 May 2020, 10:02 am
Until testing data signals that it is safe to engage more fully in exercising our spiritual beliefs (whatever they might be), Plaintiffs, as Christians, can take comfort in the promise of Matthew 18:20—“For where two or three come together in my name, there am I with them. [read post]
4 May 2020, 9:33 am
.: The Senate Health, Education, Labor and Pensions Committee will hold a hearing on new tests for COVID-19. [read post]
4 May 2020, 6:33 am
”Plaintiff loses the case because the factors tilt in favor of the employer. [read post]
