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20 Jun 2017, 5:13 am
“They don’t look bizarre,” William Whitford, one of the Democratic plaintiffs suing over the Wisconsin map, said Monday on a conference call with reporters. [read post]
9 Oct 2014, 11:17 am by Second Circuit Civil Rights Blog
Plaintiff says that ambulance services is also a traditional government function, but the Court of Appeals disagrees. [read post]
15 Nov 2014, 10:08 am by Law Lady
  Below are some recent decisions of interest on CONTRACTS:Contracts -- Error to enter summary judgment for plaintiff in breach of contract action where there was a lack of evidence to establish that plaintiff had standing at time action was filed, and an incorrect cardmember agreement was attached to complaint DETELINA Y.A. [read post]
10 Apr 2013, 3:07 pm by Second Circuit Civil Rights Blog
Plaintiffs argue in this putative class action is that the toll differential violates the right to travel. [read post]
5 May 2015, 3:08 am by Jon Hyman
Ohio 4/21/15), the plaintiff claimed that his employer retaliated against him for failing to accommodate his undiagnosed alleged sleep disorder. [read post]
27 Dec 2018, 5:00 am by Second Circuit Civil Rights Blog
Under this test, the restriction must be substantially related to an important governmental interest. [read post]
17 Nov 2014, 6:54 am by Daniel E. Cummins
   In Bractic, the Pennsylvania Supreme Court clarified the standard for showing that a Plaintiff’s choice of venue was “vexatious and oppressive. [read post]
26 Feb 2016, 12:11 pm by Eugene Volokh
Sullivan (1964) precludes that; even if Trump is elected President, he can’t change that (unless he appoints enough Justices and uses their views on reversing Sullivan as a litmus test). [read post]
5 Jul 2015, 9:26 am by Lou M
The plaintiffs argued that the employer's use of DNA testing in the investigation was a plain violation of the language of GINA, which makes it an unlawful employment practice for "an employer to request, require, or purchase genetic information with respect to an employee. [read post]
17 Sep 2018, 12:46 pm
"  And the railroad made everyone with a BMI over 40 pay for various tests (which the plaintiff here couldn't afford). [read post]
25 Sep 2016, 7:06 am by John H Curley
It also rejected plaintiffs claim that they were entitled to arbitrate the issue as third part beneficiaries to the contract, finding that to the extent that Plaintiffs are seeking to enforce promised made in  the CBA, they are bound by all of its terms, including the scope of the arbitration provisions. [read post]
13 Jan 2023, 7:32 am by Rebecca Tushnet
The court disagreed, because the CLRA claim was governed by the reasonable consumer test. [read post]
5 Nov 2012, 5:04 pm
Under the "stigma plus" or "reputation-plus" test, a plaintiff must prove some loss beyond loss of reputation, such as the loss of a job. [read post]
23 Jan 2013, 3:48 pm by Kenneth J. Vanko
By pre-setting damages, a plaintiff can eliminate some inherent risk and uncertainty surrounding a traditional damages presentation.Of course, there's a downside. [read post]
6 Jun 2013, 10:42 am by Daniel E. Cummins
Nov. 8, 2012), in which that Court set forth the test for the admissibility of an expert witness in a bad faith matter. [read post]
4 Jan 2013, 7:30 am by Stevan Porter
The patentee, who has already won, must establish entitlement to an order to exclude ongoing and future infringement under a four-factor test that balances equities? [read post]