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14 May 2019, 3:30 am
Plus, the employer could argue that if the employee didn’t have a good faith belief that he/she could satisfy the Oncale test when he/she complained, then the employee would not be able to pursue a retaliation claim if the company fires her for complaining. [read post]
14 May 2019, 3:12 am
The core highlight of the judgment includes the point that the services rendered by the Defendants through their download and purchase features amount to commercial rental / sale of the Plaintiff’s (Tips) copyrighted sound recordings. [read post]
13 May 2019, 2:18 pm
In a 5-4 decision, the Court ruled in favor of the plaintiffs. [read post]
13 May 2019, 9:53 am
But if all that matters is whether the plaintiff transacts directly with the defendant, Gorsuch suggested, then the court’s rule “exalts form over substance,” and Apple will be able to get around the test by restructuring its contracts so that the iPhone users pay the app developers, who in turn pay a commission to Apple. [read post]
13 May 2019, 7:33 am
The plaintiff’s attorneys deposed the driver, Maroon, who admitted he hadn’t seen Introini until the moment of the crash. [read post]
13 May 2019, 5:51 am
Who’s going to want to take a driving test in a store before they can use one of these carts? [read post]
13 May 2019, 5:21 am
Under these circumstances, the court said, Judge Castle had to recuse from cases involving Broussard & David: Using the objective [Due Process Clause] test articulated by the U.S. [read post]
13 May 2019, 4:41 am
Most importantly for the purposes of this appeal, plaintiff and his father, plaintiff Edward Williams, commenced this action seeking justice with respect to the significant, life-altering personal injuries that plaintiff suffered in the shooting. [read post]
11 May 2019, 11:47 am
Genuine Issue of Material FactThe four elements of a breach of contract claim are: (1) the existence of a valid contract; (2) performance, or tendered performance, by the plaintiff; (3) breach of the contract by the defendant; and (4) damages to the plaintiff resulting from that breach. [read post]
10 May 2019, 6:19 pm
Invenergy and PAWE conducted tests and found the potential noise levels to be from 27.4 to 49.9 decibels. [read post]
10 May 2019, 9:12 am
Plaintiff Align makes Invisalign, a clear plastic alternative to braces. [read post]
10 May 2019, 7:38 am
Lynes determined that defendant was a special employer of plaintiff under the five-factor test first established in Blessing v. [read post]
10 May 2019, 7:00 am
Safety testing and staff training are important to public safety. [read post]
9 May 2019, 6:06 pm
In considering final part of the test, the court rejected the defendant’s argument “that the restrictions only impose an affirmative obligation to trim the trees and does not touch or concern the land. [read post]
9 May 2019, 3:25 pm
" Class certification is helpful to plaintiffs especially in Title IX cases because it keeps the case from becoming moot when the current student-plaintiffs graduate. [read post]
9 May 2019, 1:17 pm
From 2010 on, the plaintiff sold insurance under a contract with the Seery Agency and filed taxes as a sole proprietorship called Fred Walfish Insurance. [read post]
9 May 2019, 10:03 am
” Plaintiffs’ attorneys, however, continue to test the limits of the application of the MCE, particularly as it relates to drivers who complete trips solely within a single state. [read post]
9 May 2019, 7:25 am
Toensing filed an administrative appeal, challenging the AGO’s refusal to produce records kept on private email or test messaging accounts. [read post]
8 May 2019, 8:18 pm
In so ruling, the court noted that the Defendants remained capable of testing the viability of the punitive damages claims later by way of a Motion for Summary Judgment. [read post]
8 May 2019, 3:00 pm
Instead, defense counsel uses a basic, plaintiff’s-style damages analysis with a large bet-the-company damages figure to pressure the insurer into settling for an amount that the plaintiffs will take. [read post]
