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15 Jun 2019, 5:57 am
He was then terminated after he failed a random drug test. [read post]
14 Jun 2019, 2:18 pm
Supreme Court, in which the plaintiffs contend—and the lower court concluded—that the rationale for the inclusion of the citizenship question provided in the Justice Department letter was pretextual. [read post]
14 Jun 2019, 12:30 pm
Kelly to test these opposing views of forfeiture. [read post]
14 Jun 2019, 10:01 am
., June 11, 2019), the plaintiff brought a putative collective action against Volkswagen under the ADEA. [read post]
14 Jun 2019, 7:53 am
This week we highlight petitions pending before the Supreme Court that address, among other things, the standard for a plaintiff to meet the plausibility requirements of Federal Rule of Civil Procedure 8 and Ashcroft v. [read post]
14 Jun 2019, 5:20 am
On the other hand, prosecutors, plaintiffs’ lawyers and many judges have a narrower interpretation of the scope of the privilege or attorney work product protections. [read post]
13 Jun 2019, 7:31 pm
Jars of soy nut butter tested positive for E. coli O157:H7. [read post]
13 Jun 2019, 6:02 am
The plaintiffs argued that, in adding gender and pregnancy, OCR had exceeded its authority by expanding the definition of “sex” beyond Congress’s original intent in Title IX. [read post]
13 Jun 2019, 5:00 am
The Superior Court noted that even an admission by the tortfeasor of admitted alcohol or drug use is subject to being excluded from evidence where the Plaintiff fails to present evidence of chemical testing sufficient to show intoxication, or where the Plaintiff fails to present any other evidence of impairment. [read post]
12 Jun 2019, 10:01 pm
» Related StoriesCourt Orders Plaintiff to Share in Discovery Costs of Non-Party: eDiscovery Case Law#metoo and the Increasing Investigation Emphasis on eDiscovery: eDiscovery TrendsThe Price is Right. [read post]
12 Jun 2019, 4:42 pm
” This provision was to be interpreted in the light of the common law background, which the Supreme Court summarised as follows [6-7]: “[A] working definition of what makes a statement defamatory, derived from the speech of Lord Atkin in Sim v Stretch [1936] 2 All ER 1237, 1240, is that “the words tend to lower the plaintiff in the estimation of right-thinking members of society generally. [read post]
12 Jun 2019, 10:22 am
’” This is an objective test that doesn’t require actual reliance.The court found that Sussman’s business practice and exit methods were deceptive. [read post]
12 Jun 2019, 9:31 am
Specifically, the defendants’ expert affidavits stated that further testing or a referral to an otolaryngologist was not indicated by the results of the plaintiff’s physical examination or the symptoms she described. [read post]
12 Jun 2019, 7:15 am
The plaintiff has taken into custody because he refused a field sobriety test. [read post]
11 Jun 2019, 4:02 pm
According to the attorneys who filed the lawsuit over the deadly 2017 fire in London's Grenfell Tower, the case, which involves more than 200 named plaintiffs, is one of the largest products liability lawsuits in Pennsylvania history. [read post]
11 Jun 2019, 3:06 pm
If you happen to know why the formatting of this Opinion is so good, leave a comment.The prevailing plaintiffs were represented by Shannon Liss-Riordan of Lichten & Liss-Riordan P.C., Boston, Massachusetts. [read post]
11 Jun 2019, 10:40 am
New York Attorney General Letitia James and California AG Xavier Becerra are leading the way, with co-plaintiffs from Colorado, Connecticut, the District of Columbia, Maryland, Michigan, Mississippi, Virginia, and Wisconsin. [read post]
11 Jun 2019, 10:28 am
” The certiorari petition in Comcast argues that the Ninth Circuit got it wrong and that it should have applied the common-law "but-for" test governing causation in torts cases unless Congress intended that another causation standard applies to that particular statute.You may ask, if employment discrimination plaintiffs can bring their lawsuits under Title VII, which employs the more plaintiff-friendly "motivating-factor" test, why… [read post]
10 Jun 2019, 4:27 pm
The vagueness of the "flick test. [read post]
10 Jun 2019, 2:47 pm
The predominance inquiry tests whether proposed classes are sufficiently cohesive and focuses on whether common questions present a significant aspect of the case that can be resolved for all members of the class in a single adjudication. [read post]
