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18 Jul 2019, 11:45 am
District Court of Connecticut, participants of the wellness program are required to complete preventative screenings and medical tests like mammograms, blood work, colonoscopies and annual physical exams, when age appropriate. [read post]
18 Jul 2019, 8:49 am
The plaintiff hired Terence J. [read post]
18 Jul 2019, 6:33 am
Numerous union employees are quoted in the lawsuit, saying the fine is unfair, and plaintiffs claim the policy violates the American with Disabilities Act and the Genetic Information Nondiscrimination Act (GINA). [read post]
17 Jul 2019, 9:01 pm
The ASARCO majority (justifiably or not) finessed that question by manipulating the justiciability hurdle at issue there, the fact that the original plaintiff may have lacked Article III standing to sue in federal court, by recharacterizing the case as it came to the Court as involving a new federal plaintiff—the defendant below—who clearly did have the right to invoke a federal forum.In the context of the political-question doctrine (as distinguished from… [read post]
17 Jul 2019, 6:45 am
Ct. filed June 19, 2019) (detailed here), today’s post considers the plaintiffs’ invocation of the relatively unknown, but not un-litigated, prohibition on “local and special laws” in the N.C. [read post]
17 Jul 2019, 3:30 am
According to the plaintiffs, they were subject to random drug and alcohol testing pursuant to U.S. [read post]
17 Jul 2019, 2:00 am
First, look at what the witnesses said, suggests West, and apply the test of inherent plausibility. [read post]
16 Jul 2019, 8:03 pm
USDA (W.D.N.Y. ) -- concluding that: (1) plaintiff’s “reading room” claim regarding non-compliance records was sufficient to survive motion to dismiss; and (2) agency failed to show that transferring venue to District of Columbia was warranted. [read post]
16 Jul 2019, 1:52 pm
The court then proceeded to review the doctrinal tests developed by other circuits for establishing bias based on one’s sex. [read post]
16 Jul 2019, 12:20 pm
Also, the survey’s anonymity foreclosed the defendants from cross-examining witnesses to verify responses or test them for accuracy or bias.Slip op., at 17. [read post]
16 Jul 2019, 10:59 am
The “Blue Pencil” Test The so-called “blue pencil” test is intended to find the right balance in these types of cases—allowing for the strike through (or “severance”) of offending words to make a covenant enforceable. [read post]
16 Jul 2019, 7:42 am
The plaintiff is not without a remedy here. [read post]
16 Jul 2019, 6:15 am
The plaintiffs are three unionized Yale employees — Christine Turecek, a cook; Jason Schwartz, a locksmith; and Lisa Kwesell, a part-time service assistant. [read post]
16 Jul 2019, 5:36 am
Lisa Kwesell, who is 56 years old and another lead plaintiff in the lawsuit, works part time as a service assistant at the university. [read post]
15 Jul 2019, 2:23 pm
[The First Amendment makes such waivers of plaintiff's free speech rights unenforceable.] [read post]
15 Jul 2019, 5:01 am
This includes paragraphs 18, 19, 63-67, and 69, which are directly germane to the plaintiff's theory of the case. [read post]
14 Jul 2019, 10:47 pm
The court answered that the test should be qualitative and not quantitative. [read post]
14 Jul 2019, 8:14 am
In this case, plaintiffs allege that despite at least one other contender scoring higher on the tests than the family-owned firm, the latter secured a license – plus the benefit of three others using their land to operate their cultivation operations – while the higher-scoring company was denied. [read post]
13 Jul 2019, 3:08 pm
Specifically, the defendants alleged that the plaintiff first argued that the defendants were negligent in failing to perform genetic testing regardless of the mother’s blood test results. [read post]
13 Jul 2019, 1:05 pm
The plaintiffs raise a number of questions about this legislative purpose, foremost among them being whether “there can be valid legislation on conflicts of interest and financial disclosures. [read post]
