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13 Oct 2019, 4:30 pm
More recently, on March 20, 2019 AT&T and Comcast successfully tested an implementation of STIR/SHAKEN on their network. [read post]
11 Oct 2019, 9:11 am
To prevail in a lawsuit for business conspiracy in Virginia, a plaintiff must prove (1) a combination of two or more people or entities for the purpose of willfully and maliciously injuring the plaintiff in his business; and (2) damage that resulted from the combination. [read post]
11 Oct 2019, 7:52 am
On October 13, 2016, April tested positive for cocaine. [read post]
11 Oct 2019, 6:07 am
In many cases, the plaintiff in a wrongful death case will be the personal representative of the deceased person’s estate. [read post]
11 Oct 2019, 5:54 am
US EPA the plaintiff did not have standing so sue the EPA over the granting of a water discharge permit. [read post]
11 Oct 2019, 4:05 am
—without more, the injury asserted by Plaintiff is too generalized and remote to confer standing....The court concluded that the same test for standing applies to both plaintiff's Establishment Clause claim and his claim under the no-aid provision of the state constitution. [read post]
10 Oct 2019, 10:03 am
I offer further support for that reading of the impact of Perkinsby showing that both just before and just after Perkins, the Court continued to affirm relief that went beyond the plaintiffs in cases brought by plaintiffs with standing and implicating private rights. [read post]
10 Oct 2019, 9:57 am
Last year, Governor Brown heard the concerns of the employer community and rebuffed the pleas of plaintiffs’ lawyers. [read post]
10 Oct 2019, 9:24 am
Use a different test, says the judge. [read post]
10 Oct 2019, 8:49 am
” Suffer or Permit: For this definition of joint employer, the court said the plaintiffs were focused on the wrong issue. [read post]
9 Oct 2019, 8:13 pm
The Supreme Court heard oral argument yesterday morning in three cases concerning whether the provision in Title VII of the Civil Rights Act of 1964 making it unlawful for a covered employer to “discriminate against” an employee “because of such individual’s . . . sex” prohibits such an employer from firing an employee because he’s a gay man or because she's a transgender woman. [read post]
9 Oct 2019, 12:59 pm
The published portion of the Court’s opinion rejects plaintiff/appellant CARE’s challenges to the EIR’s “robust 43-page urban decay analysis,” holding as a matter of law that “the potential loss of close and convenient shopping is not an environmental issue that must be reviewed under CEQA” and that the EIR’s methodology for analyzing urban decay was supported by substantial evidence. [read post]
9 Oct 2019, 4:05 am
” At The Atlantic, Leah Litman writes that “[t]he briefing in [June Medical] provides a glimpse into how a ruling for Louisiana could allow states to end legal abortion without overruling Roe—and also allow the Court to test the waters on whether to ultimately overturn Roe. [read post]
8 Oct 2019, 4:44 pm
The argument is frequently along the lines of “the plaintiff didn’t work in all of the job positions,” or “the plaintiff didn’t work at all of the locations. [read post]
8 Oct 2019, 11:14 am
Justice Elena Kagan led the way, telling Harris that the test to determine whether there is discrimination under Title VII is whether the same thing would have happened if the employee were a different sex. [read post]
8 Oct 2019, 10:00 am
Responding party objects that plaintiff has equal access to these documents. [read post]
8 Oct 2019, 9:30 am
Suffice it to say that it would hardly be surprising if it were to be tested vigorously pursuant to Federal Courts Rule 221 on such issues as lack particulars, lack of Federal Court jurisdiction, failing to state a cause of action, etc.Most challenges to pleadings at this stage result in leave to amend to some extent. [read post]
8 Oct 2019, 5:54 am
A few months later the plaintiff received proper testing, which showed the onset of cirrhosis of the liver. [read post]
7 Oct 2019, 10:01 pm
Davila denied the plaintiffs’ motion to modify the Special Discovery Master order that authorized the forensic imaging of devices belonging to 10 of the more than 90 named plaintiffs in order to allow Apple’s outside experts to performance test the devices, finding that “Apple’s interest in performance testing the forensic images outweighs Plaintiff’s privacy interest...Read the whole entry... [read post]
7 Oct 2019, 9:01 pm
They were following the lead of the Seventh Circuit, which had taken up the same question en banc the year before, and ultimately reached a similar result (discussed here).The plaintiff in this case sued on the theory that he was fired for being gay and for failing to conform to the stereotype that men should be sexually attracted only to women, not to other men.Zarda (now deceased) was an openly gay man who worked as a skydiving instructor. [read post]
