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22 Apr 2024, 5:00 am by Bernard Bell
The first, the Sixth Circuit’s “authority or duty” test, required plaintiffs to prove “state action” by establishing that either (1) the “text of state law requires an officeholder to maintain a social-media account,” (2) the defendant official “use[s] … state resources” or “government staff” to run the account, or (3) the “accoun[t] belong[s] to an office, rather than an individual officeholder. [read post]
22 Apr 2024, 5:00 am by Written on behalf of Peter McSherry
Employment Relationship Complicated by the Onset of the COVID-19 Pandemic The recent case of Hurlbut v Low & Low Limited involved the plaintiff (“MH”), a funeral director who was hired by the defendant employer (the “employer”) as a full-time funeral director in December of 2018. [read post]
22 Apr 2024, 5:00 am by Written on behalf of Peter McSherry
Employment Relationship Complicated by the Onset of the COVID-19 Pandemic The recent case of Hurlbut v Low & Low Limited involved the plaintiff (“MH”), a funeral director who was hired by the defendant employer (the “employer”) as a full-time funeral director in December of 2018. [read post]
22 Apr 2024, 4:28 am by Andrew Lavoott Bluestone
The defendants provided the plaintiff with certain financial services for more than 10 years and were retained to audit the plaintiff’s financial statements for the year ending February 28, 2013 (hereinafter the 2013 audit). [read post]
22 Apr 2024, 4:21 am by Franklin C. McRoberts
” The Court unanimously rejected the accountant’s argument it owed no legal duty to investigate or report Kenneth’s financial improprieties: Plaintiffs’ claims, however, are not that defendant was hired to discover Kenneth’s wrongdoing, but rather that information obtained by defendant during its business interactions with Kenneth and information used by defendant in order to prepare tax returns and financial statements put… [read post]
21 Apr 2024, 2:35 pm
The defendant resisted personal jurisdiction on the ground that the plaintiff’s claim was only “about the actions of the arbitrators, not about the facts underlying the dispute that led to the arbitration. [read post]
20 Apr 2024, 9:14 am by Dennis Crouch
As the 1902 district court explained: “[t]he shape of the defendant’s bell differs from plaintiff’s more widely than plaintiff’s differs from the [prior art] door knob, and therefore defendants’ construction does not infringe the patent. [read post]
20 Apr 2024, 9:01 am by Mavrick Law Firm
An agent can also make a principal liable to a plaintiff for the negligent acts of the agent. [read post]
20 Apr 2024, 8:23 am by Eric Goldman
Google More Plaintiffs (and Lawyers) Need To Be Reminded That YouTube Isn’t a State Actor–Divino v. [read post]
19 Apr 2024, 9:57 am
Advance release workers’ compensation law opinion: Ajdini v. [read post]