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3 Jul 2019, 1:24 pm
Plaintiffs’ evidence was otherwise, creating a genuine fact issue. [read post]
3 Jul 2019, 1:11 pm
JBR’s only basis for that defense seems to have been advice from the lawyer, rather than, for example, its own testing, making communications with counsel essential to evaluate its good faith.JBR argued that there was no need for disclosure because the nature of the lawyer’s advice could be inferred from the chronology of events and the nature of its actions. [read post]
3 Jul 2019, 7:50 am
” To find that these asylum seekers have a constitutional right to seek release from detention, Judge Pechman applied the Supreme Court’s balancing test developed in Mathews v. [read post]
3 Jul 2019, 6:56 am
“The test under R.C. 2744.09(B) is one of causal connection, not of timing. [read post]
3 Jul 2019, 5:18 am
If the MDL is settled, there will be an opportunity for new plaintiffs to join in the proceeds of what is certain to be a large settlement or judgment. [read post]
3 Jul 2019, 2:00 am
Notably, WESA sets a somewhat different test for determining the ending of a married spousal relationship than the test for the ending of a marriage-like spousal relationship. [read post]
3 Jul 2019, 2:00 am
Notably, WESA sets a somewhat different test for determining the ending of a married spousal relationship than the test for the ending of a marriage-like spousal relationship. [read post]
2 Jul 2019, 3:55 pm
State Department Of Industrial Relations, 48 Cal 3d 341 (1989), and devised a new employee-independent contractor test based upon giving a state law its widest possible effect consistent with its statutory purpose. [read post]
2 Jul 2019, 8:40 am
In plain English: It just got harder for injured plaintiffs in Florida to win their cases. [read post]
2 Jul 2019, 8:40 am
In plain English: It just got harder for injured plaintiffs in Florida to win their cases. [read post]
1 Jul 2019, 9:01 pm
Historically, when challenging actions of Congress or the President (as opposed to state executive officials like prosecutors or civil enforcement officers), a plaintiff has a very high bar to surmount, and that remains the case today. [read post]
30 Jun 2019, 6:30 am
Larry Lessig is clearly one of the most interesting and imaginative scholars within the legal academy, and he has written a book that fully vindicates the enthusiastic blurbs it receives (from myself, as well as others). [read post]
30 Jun 2019, 4:02 am
The Plaintiff had been self-represented, first filing a claim within two years with the Small Claims Court. [read post]
29 Jun 2019, 11:19 am
Frye Test In any medical malpractice case, the plaintiff must prove that the defendant’s care departed from accepted and good medical practice and proximately caused the harm alleged. [read post]
29 Jun 2019, 9:09 am
Jones effects test. [read post]
29 Jun 2019, 5:54 am
They will serve as a test case for “Davids” to state their cases clearly and honestly. [read post]
28 Jun 2019, 1:55 pm
Plaintiffs in Florida and Pennsylvania have recently had success with this approach, and a state constitutional challenge to North Carolina’s state legislative maps remains pending in that state’s courts. [read post]
28 Jun 2019, 12:30 pm
Over several decades, police declined to test over 15,000 rape kits, resulting in spoliation. [read post]
28 Jun 2019, 12:08 pm
Legal tests based on bad intent, bad effect, and some kind of neutral justification or burden-shifting are a staple of, among other things, 14th Amendment law. [read post]
28 Jun 2019, 11:32 am
Rather than reconsidering their position, the institutional plaintiffs doubled down by filing additional lawsuits using their fancy new measures of proportional representation. [read post]
