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15 Oct 2021, 4:00 am by Howard Friedman
—over religious interests.In addition, the vaccine mandate places an equal burden on all secular beliefs unrelated to protecting public health—for example, philosophical or politically-based objections to state-mandated vaccination requirements—to the same extent that it burdens religious beliefs....The court rejected plaintiffs' Title VII failure to accommodate claim by concluding that plaintiffs had not exhausted their administrative remedies. [read post]
10 Sep 2023, 9:37 am by Professor Alberto Bernabe
 I have to confess that I assumed that, as part of the analysis of cause in fact, all states required a plaintiff in a legal malpractice cased based on alleged negligence in handling the litigation of case to argue that they would have won "the case within the case" (or, in other words, that they would have won the underlying case had it not been for the negligent conduct of the defendant lawyer). [read post]
14 May 2014, 6:06 am
Forrest granted a permanent injunction against defendant ABN Amro Bank's continued use of the plaintiff's software. [read post]
5 Oct 2012, 4:03 am
Although this is not an employment case, the decision will affect all types of class actions including employment class actions. [read post]
5 Feb 2016, 2:00 am by Daniel E. Cummins
  As such, the court found that Defendants’ duty to the Plaintiff was discharged and that the Plaintiff could not establish negligence. [read post]
29 Mar 2021, 4:00 am by Public Employment Law Press
The court's decision notes that a probationary employee may be terminated "without a hearing for any reason or no reason at all, as long as the dismissal was not unlawful or in bad faith". [read post]
3 Jan 2014, 5:41 am
Worse still, she was assigned work to take home over the weekends and was not compensated for these extra hours.Okay, we can all probably spot a potential FLSA wage/overtime claim here, right? [read post]
12 Mar 2013, 7:22 am
Plaintiffs ask for a permanent injunction against activity found to infringe the '805 patent, an order directing the destruction of all equipment used in the alleged infringement, damages up to triple the amount of the actual damages, costs and reasonable attorneys' fees. [read post]
28 Mar 2023, 6:00 pm by Allan Blutstein
Summaries of all published opinions issued since April 2015 are available here. [read post]
13 Sep 2022, 5:00 pm
Aragona, held that the defendants in an automobile-accident case were entitled to the plaintiff’s cellphone to determine whether it was being used at the time of the collision.Apparently, the previously provided cell-phone records didn't reveal all of the device’s uses. [read post]
26 Oct 2012, 12:21 pm by Marcus Castillo
Nonetheless, seven of the nine Justices (all but Scalia and Thomas) held open the possibility that the plaintiff’s claims could be stated under Section 502(a)(3). [read post]
29 Mar 2021, 4:00 am by Public Employment Law Press
The court's decision notes that a probationary employee may be terminated "without a hearing for any reason or no reason at all, as long as the dismissal was not unlawful or in bad faith". [read post]
3 Dec 2012, 8:07 am
After thoroughly reviewing the record in this case and all relevant case law, we conclude that § 13a-149 provides the exclusive remedy in this municipal highway defect case and that the notice provided to the district by the plaintiff was insufficient as a matter of law. [read post]
31 Jan 2024, 9:42 am by Allan Blutstein
.) -- affirming district court’s decision denying plaintiff attorney’s fees after finding no “abuse of discretion” in lower court’s analysis of relevant “entitlement” factors; noting that although plaintiff was “eligible” for fees because district court had ordered FBI to conduct an additional search for records concerning plaintiff, FBI’s original decision not to search a particular database was reasonable given… [read post]
27 Jan 2014, 8:34 am by Second Circuit Civil Rights Blog
The Court of Appeals does not like this employment discrimination case at all, stating that the plaintiff's argument is "absurd." [read post]
3 Mar 2014, 8:51 am
To the extent that the plaintiffs claim the permit was improperly extended as a procedural matter, we conclude that the permit properly was renewed and extended in all respects. [read post]
1 Mar 2019, 4:00 am by Howard Friedman
Second, concerning plaintiffs’ Bivens claims seeking monetary damages directly under the First Amendment’s Establishment and Free Exercise Clauses and the equal protection component of the Fifth Amendment’s Due Process Clause, the panel concluded that the Privacy Act and the Religious Freedom and Restoration Act (“RFRA”), taken together, provided an alternative remedial scheme for some, but not all, of their Bivens claims.... [read post]
29 Oct 2014, 6:22 pm
" Degenova alleges she had not walked at all since the surgery, and at her first physical therapy appointment was placed on a stair master, causing her leg to quiver and spasm. [read post]