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17 Jan 2024, 8:55 am
Note: I tested on the copyrightability of contracts in my 2002 Copyright final exam (see my sample answer). [read post]
17 Jan 2024, 4:30 am
The DOL posits that the new test aligns with decades of case law. [read post]
16 Jan 2024, 9:34 am
The expert on product packaging didn’t adequately explain his testing methodology or resolve apparent contradictions in his reports about how many different products he tested; he didn’t have written records of what he did. [read post]
16 Jan 2024, 8:02 am
On remand, there will likely to be a trial where this assumption will be put to the test. [read post]
16 Jan 2024, 6:04 am
’ Third, in considering whether the claim should be struck out under section 8 of the 1996 Act, Master Bell concluded on the same bases that the proceedings had no realistic prospect of success and met the test for summary disposal. [read post]
16 Jan 2024, 4:00 am
The court said in part:The state’s test-or-vaccination requirement was a neutral law of general applicability that only incidentally affected employees with religious objections and did not “target[] religious conduct for distinctive treatment. [read post]
16 Jan 2024, 3:39 am
Under the standard tripartite test for such interim relief, the court was required to assess whether the claimant alleging oppression established a likelihood of success on the merits of the claim. [read post]
15 Jan 2024, 2:19 pm
This case will pose the latest test of whether he can be restrained within the bounds of the rule of law—and of how the legal system responds to his excesses. [read post]
15 Jan 2024, 9:30 am
The dispute centered on the use of a virtual try-on tool that one of defendants had licensed to Estée Lauder which enabled customers to virtually test cosmetic products on brand websites. [read post]
15 Jan 2024, 6:45 am
March 31, 2023): Plaintiffs’ tort claims arise out of events that occurred entirely in St. [read post]
13 Jan 2024, 3:45 pm
Shortly after, he failed a random drug test at work and was fired. [read post]
12 Jan 2024, 5:44 pm
The Court in no way suggests that Plaintiffs pose any safety risk to other students. [read post]
12 Jan 2024, 12:23 pm
McKinney, the justices will consider what test courts should use to evaluate requests from the National Labor Relations Board for injunctions under Section 10(j) of the National Labor Relations Act, which gives federal district courts the authority to grant preliminary injunctive relief as the court “deems just and proper”: the traditional (and stringent) four-factor test, or a more lenient standard. [read post]
12 Jan 2024, 10:20 am
Instead, to honor precedent, the Ninth Circuit applies the ill-suited three-element Kremen test to decide when intangibles qualify as chattels: 1) “an interest capable of precise definition. [read post]
12 Jan 2024, 7:09 am
The Plaintiff needs to establish that the Defendant was liable (a fancy legal word for at fault) for the Plaintiff’s injuries. [read post]
12 Jan 2024, 7:04 am
It then applied a three-part test set out in Kremen v. [read post]
12 Jan 2024, 4:00 am
DEFENDANTS WOULD OTHERWISE BE “DISADVANTAGED AND PREJUDICED”In a childhood lead-poisoning case, both sides retained independent psychologists to perform a neuropsychological examination, and when the Bronx County Supreme Court directed that the litigants exchange their experts’ “raw testing data” used to generate their respective reports, an appeal ensued.On its review of the dispute, the Appellate Division, First Department, noted that since the parties were… [read post]
12 Jan 2024, 3:08 am
Requiring whistleblowers to prove retaliatory intent, rather than shifting to employers the burden to prove its absence, is pivotal, because proving a defendant’s mindset is a steep uphill climb for any plaintiff. [read post]
11 Jan 2024, 9:24 am
In that there is no perfect construction and if a plaintiffs’ attorney is willing to spend enough money in destructive testing for construction defects, they can easily identify those projects with the most insurance, thereby getting the higher ROI on their investments. [read post]
11 Jan 2024, 6:44 am
Punitive damages in the amount of $9,000 were awarded to each of the 53 plaintiffs, aggregating $477,000. [read post]
