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29 Apr 2019, 8:10 am by John Lewis
Unfortunately, the interstate commerce test used by the court is so general it is very difficult to apply today as opposed to in 1925. [read post]
26 Apr 2019, 12:55 pm by John Ross
Here's a quick test for determining whether a new judicial decision involves a hot-button culture war issue: Is the list of participating amici 10 or more pages? [read post]
26 Apr 2019, 11:20 am by Margaret Taylor
The complaint includes Mazars as a defendant “to ensure that Plaintiffs can obtain effective relief. [read post]
26 Apr 2019, 10:23 am by bcutterlaw
Johnson & Johnson faced lawsuits for its talc powder, which plaintiffs alleged contained asbestos and caused serious health problems. [read post]
24 Apr 2019, 12:07 pm by Mara Curtis and Michael Kleinmann
The plaintiffs’ bar and the state agencies enforcing labor laws look carefully at independent contractor classification issues because the damages and penalties that accrue when an individual is misclassified are substantial. [read post]
24 Apr 2019, 11:41 am by emagraken
He acknowledged that Mustapha was addressing mental injury, but held that the reasoning had application to claims of physical injury as well: [52]      … Mustapha finds, in part, that there is a threshold test for establishing compensability at law, which precedes a so-called thin-skull analysis. [read post]
24 Apr 2019, 7:59 am by Bill Marler
The Marler Clark E. coli lawyers are the only lawyers in the nation with a practice focused exclusively on plaintiff foodborne illness litigation. [read post]
23 Apr 2019, 3:54 am by Edith Roberts
Davis, which asks whether Title VII’s requirement that plaintiff exhaust administrative remedies is a jurisdictional requirement or a claim-processing rule that can be waived by an employer, “the justices appeared unwilling to tighten the rules for employment-discrimination lawsuits. [read post]
23 Apr 2019, 2:00 am by DONALD SCARINCI
Davis: Title VII of the Civil Rights Act of 1964 requires plaintiffs to exhaust claims of employment discrimination with the Equal Employment Opportunity Commission (EEOC) before filing suit in federal court. [read post]
22 Apr 2019, 3:47 pm by Cristina Wendel
As the applicable tests for determining personal liability remain unclear, this will continue to be a difficult issue for directors to navigate. [read post]
22 Apr 2019, 3:47 pm by Cristina Wendel
As the applicable tests for determining personal liability remain unclear, this will continue to be a difficult issue for directors to navigate. [read post]
22 Apr 2019, 11:51 am by Eugene Volokh
Hybrid preliminary injunctions, like hybrid permanent injunctions, haven't yet been tested in appellate courts, or even issued by trial courts. [read post]
20 Apr 2019, 8:14 am by MOTP
Without a breach of a legal right belonging to a plaintiff, that plaintiff has no standing to litigate. [read post]