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11 Jan 2024, 4:57 am
” In the case at hand, “California’s sole contact to the dispute was the happenstance of the plaintiff’s residence there. [read post]
10 Jan 2024, 9:05 pm
”[2] Professors Stephen Bainbridge and Mitu Gulati have raised the possibility that these insider trading tests were developed by busy judges to move complex cases off their dockets. [read post]
10 Jan 2024, 8:05 pm
In repeated IQ tests, Smith scored 78, 75, 74, 74, and 72. [read post]
10 Jan 2024, 8:03 am
But I recall researchers testing alternative “morality” hypotheses. [read post]
10 Jan 2024, 6:00 am
The first prong of the test "requires an examination of ... [read post]
10 Jan 2024, 6:00 am
The first prong of the test "requires an examination of ... [read post]
9 Jan 2024, 9:00 am
A plaintiff would still be required to establish injury caused by a violation of the My Health My Data Act to bring a claim. [read post]
9 Jan 2024, 8:24 am
To buttress its assessment that the plaintiffs are suing over first-party design and not third-party content, the court says: a “but for”/”based on”/”flows from” test is not consistent with a plain meaning analysis of the words Congress chose to employ. [read post]
8 Jan 2024, 6:40 pm
A plaintiff alleging a design fault in a product in Texas must prove more than simply that the product was harmful when designed. [read post]
8 Jan 2024, 12:53 pm
This makes plaintiffs like Laufer different in a critical way from the Black plaintiff in Havens Realty. [read post]
8 Jan 2024, 11:50 am
In a 51-page published opinion filed January 5, 2024, and resolving consolidated appeals, the Third District Court of Appeal rejected baseline, piecemealing/segmentation, impact analysis, project description, alternatives analysis, and failure-to-recirculate challenges to the EIR for the Department of Water Resources’ (“DWR”) approval of amendments to long-term water supply contracts with local government agencies receiving water through the State Water Project (“SWP”). [read post]
7 Jan 2024, 3:47 pm
Drivers are trained, tested, and licensed; semi-trucks and tractor-trailers feature advanced safety and monitoring equipment; fleets must follow strict regulations, but accidents still happen. [read post]
7 Jan 2024, 8:46 am
Thus, Carney concluded that the plaintiffs are “likely to succeed on the merits of their claim. [read post]
5 Jan 2024, 5:45 am
Sometimes, as in this case, the legal malpractice claims pass a CPLR 3211 test and go on towards trial. [read post]
5 Jan 2024, 3:33 am
The Board’s conclusion was “further supported” by the Seabrook test for inherent distinctiveness. [read post]
4 Jan 2024, 9:42 am
Stan Panikowski of DLA Piper argued for the plaintiffs-appellants PureCircle. [read post]
4 Jan 2024, 7:57 am
The plaintiffs allege wage and hour violations of the Fair Labor Standards Act and New York Labor Law due to their alleged misclassification as independent contractors and not employees. [read post]
3 Jan 2024, 8:14 am
” The plaintiff in the case, Yonas Fikre, learned in 2010 that he had been placed on the No Fly List. [read post]
2 Jan 2024, 4:57 pm
” The defending fiduciary must satisfy “[b]oth aspects of the entire fairness test – fair dealing and fair price. [read post]
2 Jan 2024, 12:00 pm
” In relying on the Sackett test, the Fifth Circuit noted that USACE had already conceded that the adjacency test could not be met based on undisputed facts in the record. [read post]
