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16 Mar 2020, 11:06 am
The private plaintiffs attributed the breach to Facebook’s failure to address known flaws and its failure to take proper action after the attack. [read post]
16 Mar 2020, 7:30 am
The plaintiffs rely on California’s controversial A.B. 5, which codified the “ABC test” set forth in the California Supreme Court’s Dynamex decision. [read post]
15 Mar 2020, 8:59 pm
The government had discontinued testing while the disease was still active, making it impossible to confirm whether she was positive for H1N1 subsequently. [read post]
15 Mar 2020, 6:08 pm
The Court grants leave to amend, and the nature of the problems is such that they can be cured by amendment if the problems really exist, but forcing the plaintiff to do the work of identifying ADA barriers to access with some specificity will at least test the legitimacy of the claims. [read post]
15 Mar 2020, 11:53 am
Here, doing less would actually mean doing more: investing in process improvement, proper design, and usability testing. [read post]
15 Mar 2020, 6:50 am
The Lawsuit On March 12, 2020, a plaintiff shareholder filed a securities class action lawsuit in the Eastern District of Pennsylvania against the company and its CEO, J. [read post]
15 Mar 2020, 6:46 am
In the absence of direct evidence of copying, such as in this case, the plaintiff can attempt to prove it circumstantially by showing that 1) the defendant had access to the plaintiff’s work and 2) the two works share similarities probative of copying. [read post]
13 Mar 2020, 11:33 am
Assuming the allegations in the complaint are true, this case may be one testing ground for the retroactivity question relating to the CCPA. [read post]
13 Mar 2020, 10:52 am
" Rojas told management "about her discomfort with providing certain family planning and women's health services, based on her religious belief": "Plaintiff informed Dr. [read post]
12 Mar 2020, 6:01 pm
Debtor is the son of plaintiff Smith. [read post]
12 Mar 2020, 10:35 am
While the defendant administered a stress test and EKG to the decedent and prescribed him a beta-blocker, the defendant did not advise the decedent to seek any other medical attention or visit a cardiologist. [read post]
12 Mar 2020, 10:14 am
In addition, plaintiffs' proposed exigency test would require courts, rather than the President, to determine whether a foreign government's conduct rises to the level that would trigger a supposed implicit exception to a federal statute. [read post]
12 Mar 2020, 8:07 am
” Neither of these principles, according to Abella, barred the plaintiffs’ claims. [read post]
12 Mar 2020, 7:40 am
Therefore, a routine annual screening test may help you detect prostate cancer at an early stage. [read post]
11 Mar 2020, 7:24 pm
But cf. the Chancery decision in the Anvil case, highlighted on these pages, that did not meet the test of enforceability. [read post]
11 Mar 2020, 6:47 pm
Five out of six won’t do The Chancellor found that the possible conflict of interest prevented the 2018 buyout from getting the benefit of the doubt under the deferential business judgment rule because it could not pass the six-part MFW test the Delaware Supreme Court prescribed for controlling stockholder squeeze-outs in Kahn v. [read post]
11 Mar 2020, 11:22 am
These approaches fail to adequately test the reasonableness of the fees Cisco is seeking. [read post]
11 Mar 2020, 10:31 am
Rule 703 imposes a reasonableness test for reliance upon inadmissible underlying facts and data, but appears to give otherwise admissible facts and data a pass. [read post]
10 Mar 2020, 1:44 pm
Given the rationale of Lexmark, the Gordon & Breach test should really be: “(1) commercial speech; (2) by a defendant whose relationship to the plaintiff puts the plaintiff within the statute’s zone of interests [or, to use Scalia’s disfavored but useful summary term, ‘as to which the plaintiff has standing’]; (3) for the purpose of influencing consumers to buy defendant’s goods or services ... [read post]
10 Mar 2020, 1:42 pm
Comparatively, the testing, and any likely subsequent questioning of that testing, would be unnecessarily time consuming and is not warranted, with the controls that are in place. [read post]
