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29 Apr 2020, 5:52 pm
Even more importantly, the Penn Central test only comes into play if the plaintiffs can get around the police power issue. [read post]
29 Apr 2020, 5:30 pm
Plaintiff lawyers are trying to make things happen and push cases along. [read post]
29 Apr 2020, 4:20 pm
{In service of their argument, Plaintiffs make liberal use of the term "gather. [read post]
29 Apr 2020, 12:59 pm
There, the Federal Circuit held that the federal government had acquired an uncompensated easement when "Government vehicles and equipment entered upon plaintiffs' land from time to time, without permission, for purposes of installing and servicing . . . various [groundwater] wells. [read post]
29 Apr 2020, 9:16 am
First, the district court explained that Plaintiff’s expert’s “lost profits analysis employs two methods – the “Panduit” test and the two-supplier market test. [read post]
29 Apr 2020, 9:16 am
On April 28, Justice Department attorneys and attorneys representing the House of Representatives argued by teleconference before the U.S. [read post]
29 Apr 2020, 1:00 am
Zulick noted that, while the Pennsylvania appellate courts had not yet adopted a specific balancing test to be applied in these situations, the federal courts had. [read post]
28 Apr 2020, 6:30 am
Further, his report did not indicate that he conducted any testing to assess the reliability of his methods. [read post]
27 Apr 2020, 6:30 pm
While those claims will likely face significant causation issues (will plaintiffs be able to substantiate transmission from a particular source though some combination of location tracking data and genetic testing of the virus?) [read post]
27 Apr 2020, 1:44 pm
A court only has power under Article III to provide a remedy that is tailored to redress the plaintiff’s injury. [read post]
26 Apr 2020, 6:06 pm
Ward, where the Court laid out a 4-part test, [4] …The first step in the inquiry is to establish that a Charter right has been breached. [read post]
25 Apr 2020, 5:54 pm
Although the plaintiffs in this case did not avail themselves of the opportunity, the Court observed that limited discovery may be allowed in connection with the plaintiff satisfying its burden of proof to establish personal jurisdiction over defendants. [read post]
25 Apr 2020, 8:41 am
Cort Thompson argued that Russia’s recent anti-satellite weapons testing signals a return to long-standing tensions in space. [read post]
24 Apr 2020, 8:19 pm
[But] even if Jacobson's more state-friendly standard of review is the test we should be applying here—rather than the usual Roe/Casey standard—we still think that Plaintiffs are likely to succeed on the merits of their constitutional claim…. [read post]
24 Apr 2020, 5:37 pm
The California quasi-ban on ammunition purchases fails that test as well, according to Judge Benitez. [read post]
24 Apr 2020, 4:57 pm
” Publication of such personal details by the State failed to satisfy the three-part test of legality, legitimacy and proportionality. [read post]
24 Apr 2020, 12:30 pm
DNA testing in 2015 exonerates him. [read post]
24 Apr 2020, 10:14 am
The third test is the "any chance test. [read post]
24 Apr 2020, 9:27 am
The Inter-Services Intelligence (ISI) service is supporting the government in tracking people who may have been in contact with those who test positive for the coronavirus. [read post]
24 Apr 2020, 7:14 am
Instead, it ruled that the Harris County judges were the wrong plaintiffs. [read post]
