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20 Jun 2019, 12:44 pm by Jonathan H. Adler
The conservatives are skeptical of the so-called "Lemon test," while Justices Breyer and Kagan would like to keep it. [read post]
20 Jun 2019, 10:53 am by MBettman
Heavlin, 136 Ohio App.3d 719, 737 N.E.2d 989 (7th Dist.2000) (Willful and wanton standard applies during course of emergency run; negligence test applies to pre-emergency call circumstances such as failure to maintain a pursuit policy and furnish necessary training to the officers.) [read post]
20 Jun 2019, 9:05 am by Amy Howe
” At the same time, Kavanaugh continued, the fact that the Supreme Court has allowed the cross to stand doesn’t mean that the plaintiffs can’t pursue other options to have the cross taken down. [read post]
18 Jun 2019, 9:57 am by Caroline Lee
Superior Court (2018) 4 Cal.5th 903, and its potential effect on public employers.1  In Dynamex, the Court held that employers must meet the various minimum wage, overtime, and meal and rest break requirements in the occupational wage orders adopted by the California Industrial Welfare Commission for every worker – even those classified as independent contractors – unless the employer satisfies the three-part “ABC test. [read post]
18 Jun 2019, 6:42 am by Francis Pileggi
Over the last 14 years that I have published this blog, I have compiled an annual review with a list of key Delaware corporate and commercial decisions that have widespread utility to practitioners, especially those court decisions that are not widely covered by other legal publications or the mainstream press. [read post]
17 Jun 2019, 9:05 pm by Erin Quick
DNA testing on TV shows always looks fast and easy. [read post]
17 Jun 2019, 1:04 pm by Sarah Grant
Background The plaintiffs in Karnoski include nine individuals, three organizations, and, as an intervenor, the state of Washington. [read post]
Background On 6 June, 2019, the Privacy Commissioner for Personal Data (the “PCPD“) issued an enforcement notice against Cathay Pacific Airways (and its affiliate Hong Kong Dragon Airlines) (together, “Cathay Pacific“) in respect of a data breach concerning unauthorized access to the personal data of some 9.4 million Cathay Pacific customers. [read post]
16 Jun 2019, 12:42 pm by Kirk Jenkins
  The test for jurisdiction was whether the restraint had, or was intended to have, any anticompetitive effect on U.S. commerce. [read post]
16 Jun 2019, 12:42 pm by Kirk Jenkins
  The test for jurisdiction was whether the restraint had, or was intended to have, any anticompetitive effect on U.S. commerce. [read post]
16 Jun 2019, 12:42 pm by Kirk Jenkins
  The test for jurisdiction was whether the restraint had, or was intended to have, any anticompetitive effect on U.S. commerce. [read post]
16 Jun 2019, 7:53 am by Kevin LaCroix
  The Ninth Circuit remanded the case back to the district court to allow the plaintiffs the opportunity to plead that irrevocable liability was established in U.S. sufficiently to permit a determination that the Toshiba ADR transactions involved domestic transactions in other securities under the Morrison test. [read post]
15 Jun 2019, 8:37 pm by Ansara Law Personal Injury Attorneys
The Florida Supreme Court just raised the bar on allowable scientific evidence with its nixing of the longstanding Frye test in favor of the more rigid Daubert, the latter followed by federal courts as well as those in most other states. [read post]
15 Jun 2019, 2:24 pm by Mavrick Law Firm
Green, 411 U.S. 792 (1973) established a burden-shifting framework to test the sufficiency of the facts in plaintiff’s discrimination claim. [read post]