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12 Aug 2013, 3:19 pm
The court also cited two previous related matter and found that the man's other arguments to be unavailing is without merit. [read post]
30 May 2018, 4:04 am
The first was Collins v. [read post]
8 Nov 2022, 5:00 am
” Further, observed the Second Circuit, Title VII discrimination claims are analyzed using the familiar McDonnell Douglas burden-shifting test,* which has three prongs: (1) the plaintiff must first establish a prima facie case of discrimination; (2) the defendant must next proffer a legitimate, non-discriminatory reason for its actions; and (3) the plaintiff must then establish that the defendant’s proffered reason was a pretext for unlawful discrimination.Noting that Plaintiff… [read post]
21 Oct 2015, 11:49 am
In addition to being an historian, Knight had a grandmother who was Dorothy Kenyon’s first cousin. [read post]
29 Mar 2015, 7:32 am
Second, and of equal significance in the context of this case, is the fact that the City cannot use the cloak of public policy to seek a review of the merits of the arbitration award. [read post]
7 Jan 2013, 2:41 pm
Heavy critique of economic assumptions, and their separation from reality, is not without merit. [read post]
1 May 2013, 4:22 am
Accordingly, the Appellate Division ruled that Hunt’s arguments that the shortened limitations period set forth in the employment application was not applicable or was unenforceable were without merit. [read post]
27 Sep 2020, 5:40 am
"Like many other liberals, I’m devastated by Justice Ruth Bader Ginsburg’s death, which opened the way for President Donald Trump to nominate a third Supreme Court justice in his first term. [read post]
26 Mar 2020, 3:00 am
The carrier also moved to dismiss the bad faith claim under the two (2) year statute of limitations under Pennsylvania law.The court upheld a two (2) year suit limitation contained in the policy as there was no merit to the Plaintiff’s claim that Pennsylvania’s four (4) year statue of limitations with contract claims under 42 Pa. [read post]
13 Dec 2013, 1:54 am
The merits of the case were not that interesting. [read post]
8 Dec 2016, 4:56 am
Citing the Bush v Gore SCOTUS decision, Judge Goldsmith found that Stein had demonstrated a likelihood of success on the merits of their claim that further delay of the voter re-count would violate her fundamental constitutional right to a presidential vote under the First and Fourteenth Amendments. [read post]
29 Oct 2015, 12:45 pm
I love it when the Court of Appeal accurately summarizes the case in the first page or so.As Justice McDonald does here.It's an opinion of substantial importance. [read post]
1 Apr 2022, 1:31 pm
The Court of International Trade issued its first decision on the merits of the claim that the United States collected Section 301 duties on List 3 and List 4A products collected illegally. [read post]
30 Aug 2022, 4:15 am
In the meantime, we are not free to contort our standing jurisprudence in order to prematurely reach the merits and we ought not do so in a case of this magnitude before the record has been developed and tested. [read post]
11 Nov 2013, 1:13 pm
The Court further rejected on the merits the claim that ABN Ambro's former subsidiary was a joint author or co-owner of BankTrade 8.0. [read post]
4 Mar 2020, 6:45 pm
Along the way I learned of a common, sometimes unspoken, theory amongst injured workers – a theory with little merit. [read post]
28 Jan 2019, 7:20 am
The Hamburg District Court in the first instance did not rule on the merits of the case, basing its decision to dismiss solely upon evidentiary deficiencies, namely, Hellwig’s failure to identify in VMware’s product the specific lines of code authored by him. [read post]
17 Jan 2015, 7:09 am
For my first post, I’d like to briefly point to a recent update of a prior paper published by Christopher A. [read post]
27 Jun 2022, 6:05 pm
An obscure dissent by Justice Clarence Thomas may be nearly as disturbing for the future of judicial review as the dismal line of decisions on the merits this past week. [read post]
11 Apr 2022, 5:59 am
The Board concluded that the cited mark merited the "normal scope of protection to which inherently distinctive marks are entitled. [read post]
