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30 Dec 2014, 7:29 am
The jury awarded the black plaintiff $1.32 million in compensatory damages and $24 million in punitives. [read post]
7 Oct 2013, 7:18 pm
Though different from claim preclusion, the Court "borrowed" the test for determining claim preclusion and applied it to "assess whether the second suit raises issues that should have been brought in the first." [read post]
9 Aug 2016, 6:23 am
Finally, there no longer exists any flexible interplay between the factors, because all four elements of the test must be satisfied. [read post]
22 May 2014, 6:16 pm
" The government fails the "meaningful access" test because plaintiffs are unable to fully participate on election day. [read post]
18 May 2013, 3:10 am
DUHAMELL, Plaintiff v. [read post]
10 Jun 2014, 6:52 am
The crucial question is this: If the NSA does not have to keep evidence of its spying activities, how can a court ever test whether it is in fact complying with the Constitution? [read post]
22 Oct 2014, 8:30 am
Plaintiff was then fired. [read post]
7 Apr 2015, 7:44 am
Specifically, the appeals court characterized as too strict the “actual fraud” test the district judge had used to evaluate the alleged corrective disclosures. [read post]
10 Jul 2014, 11:34 am
Uzan, 561 F.3d 123, 127 (2d Cir. 2009) ('[U]nclean hands' really just means that . . . the plaintiff's fault, like the defendant's, may be relevant to the question of what if any remedy the plaintiff is entitled to. [read post]
7 Jun 2009, 9:41 pm
Ruling against the plaintiffs in Ricci, though, would require the Court to change existing law. [read post]
To Establish Personal Jurisdiction, Minimum Contacts Must Be With Forum State, Not Just its Resident
26 Mar 2014, 4:38 am
Anthony Walden was working as a DEA agent at the Atlanta airport when, after using a drug-sniffing dog to perform a sniff test, he seized almost $97,000 in cash that Nevada residents Gina Fiore and Keith Gipson claimed to have won gambling in San Juan. [read post]
29 May 2018, 12:07 pm
But the plaintiff didn’t sell to consumers; he sold to bottlers. [read post]
15 Mar 2013, 1:58 pm
It also denied Defendant’s request that the cost of running those searches be shifted to the plaintiff. [read post]
30 Mar 2018, 7:27 am
In Loginovskaya, the Second Circuit concluded that Morrison’s “domestic transactions” test applies to the CEA. [read post]
3 Jul 2013, 8:27 am
”Under this pro-plaintiff standard, the Court of Appeals grants the plaintiffs summary judgment. [read post]
18 Jun 2014, 9:01 pm
Judge Kuhlke agreed with the Plaintiff’s expert, Dr. [read post]
16 Dec 2022, 1:01 pm
Anderson alleged that she developed the Tracy Anderson Method—routines combining choreography, fitness, and cardiovascular movement—after decades of research, development, testing, and investment. [read post]
25 Jul 2017, 7:00 am
Plaintiff claims the two versions are identical. [read post]
7 Apr 2015, 1:32 pm
The Frye test is not concerned with the reliability of a particular expert's conclusions, but rather, with whether the expert's deductions are based on principles that are sufficiently established to have gained general acceptance as reliable. [read post]
9 May 2022, 5:58 am
That is the inquiry that Circuit City demands.Under this test, Judge Pooler writes, "the plaintiffs here are paradigmatic transportation workers" in part because their work consists of delivering baked goods and their daily work is centered on the transport of goods in interstate commerce. [read post]
