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15 Apr 2020, 6:20 am by Second Circuit Civil Rights Blog
But it follows that up with this case holding that the more plaintiff-friendly motivating factor test guides the age discrimination law involving federal employees. [read post]
14 Apr 2020, 3:36 pm by Jeff DeFrancisco
In the plaintiff’s view, the defendants deviated from good and accepted standards of medicine by failing to order additional testing in order to determine the cause of the decedent’s T wave inversion. [read post]
14 Apr 2020, 10:53 am by Eugene Volokh
Plaintiff did not contest the fact that faith-based services are a mass gathering subject to the prohibition. [read post]
14 Apr 2020, 8:19 am by Payton Smith
Therefore, the plaintiffs argued, the rule is discouraging immigrants from accessing health benefits because they fear if they come forward, it will threaten their eligibility for citizenship. [read post]
13 Apr 2020, 10:58 pm by Saloni Khanderia
This will result in human cost because the treatment cost, which involves vaccines, tests and medical facilities, will be more than what most of the population will be able to afford. [read post]
13 Apr 2020, 4:52 pm by INFORRM
Since the comments were injurious to the plaintiff, the operators of the websites bore objective liability for their publication. [read post]
13 Apr 2020, 4:19 pm by Kevin LaCroix
After all, “[t]he empirical evidence on the [Private Securities Litigation Reform Act’s] lead plaintiff provision suggests that courts should continue their preference for institutional over individual plaintiffs in securities class actions,” says St. [read post]
13 Apr 2020, 2:20 pm by Ron Friedmann
For example, plotting the age bracket of a plaintiff against case outcomes in the sample data set shows that the most costly outcomes are for plaintiffs age 50 to 55. [read post]
12 Apr 2020, 9:01 pm by Michael C. Dorf
No general principle of law forbids a court from granting a plaintiff a remedy the plaintiff did not specifically request. [read post]
12 Apr 2020, 7:17 pm by Steve Kalar
Magistrate Judge CousinsFacts: In 2018, civil plaintiffs filed for relief against Santa Rita Jail. [read post]
11 Apr 2020, 8:53 pm by Francis Pileggi
In its April 2 memorandum opinion, the Court ruled that plaintiff David Shabbouel’s allegations failed Delaware’s pre-suit demand test because the deferential business judgment rule gave the directors the latitude to settle with Potdevin to avoid a legal battle’s cost, risk and embarrassment. [read post]
10 Apr 2020, 4:34 pm by Edward Tillinghast and Danielle Vrabie
  The courts do not apply a “20-20 hindsight” test; the review is based up the known and knowable facts at the time of the questioned decision  The presumption may only be overcome if the plaintiff can show disloyalty, bad faith, or gross negligence – a high bar for plaintiffs. [read post]
10 Apr 2020, 11:46 am by Daniel JT McKenna
    In Duran, the plaintiff sued La Boom Disco (LBD) claiming that LBD violated the TCPA by sending him hundreds of unsolicited text messages over a period of more than a year. [read post]
10 Apr 2020, 10:27 am by Peter S. Lubin and Patrick Austermuehle
According to the complaint, when an independent laboratory retained by the plaintiff’s attorney tested the Hemp Bombs products for the amount of CBD contained in them, it found that the products contained only 2.6% to 35.8% of the claimed CBD content. [read post]
10 Apr 2020, 3:04 am by Michael Douglas
Each plaintiff arguably satisfied the tripartite test for Aboriginality recognised at common law and considered below. [read post]
9 Apr 2020, 9:01 pm by Vikram David Amar
Allen v Cooper, decided a few weeks ago by the Supreme Court, is significant for both its substance and its methodology. [read post]