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10 Dec 2018, 7:41 am by Beth Graham
“A dismissal with prejudice for failure to state a claim is a decision on the merits and essentially ends the plaintiff’s lawsuit. [read post]
10 Dec 2018, 4:11 am by Broc Romanek
Circuit’s decision below as to Lorenzo, would fail to resolve the circuit split, potentially encouraging forum shopping by private plaintiffs. [read post]
9 Dec 2018, 11:30 pm by Evan Brown (@internetcases)
The court denied the motion, applying the fair use test set forth in 17 USC 109. [read post]
9 Dec 2018, 8:56 pm by Nassiri Law
If the law is to pass the constitutional test, the state will have to show that there is a solid reason for the government to take this initiative and that there isn’t any other way to achieve the stated better outcome. [read post]
8 Dec 2018, 4:28 am by SHG
Having sued Harvard, the efficacy of Title IX to prevent sex discrimination will be tested from the other side. [read post]
7 Dec 2018, 11:29 am by Jeffrey D. Polsky and Sahara Pynes
Superior Court threw employers for a loop by announcing a new test for determining independent contractor status. [read post]
6 Dec 2018, 4:16 pm by INFORRM
McCallum denied the plaintiff an injunction restraining the defendants from publishing the imputations. [read post]
6 Dec 2018, 8:08 am by Elena Chachko
Recent legal developments have again brought the interrogation practices of the Israeli Security Agency (ISA) to the fore. [read post]
6 Dec 2018, 5:50 am by Rebecca Tushnet
Instead, the question was whether the HexaPro label was misleading “in the context of the label’s failure to specify the sources of the nitrogen measured by the federal test. [read post]
5 Dec 2018, 4:28 pm by Kevin LaCroix
  In an amended complaint, the Trustee substituted for the creditors as the named plaintiff. [read post]
5 Dec 2018, 6:21 am by Second Circuit Civil Rights Blog
” Thus, it was the district court’s duty to balance the alleged burden the surveillance imposed on Plaintiffs-Appellants’ Sixth Amendment rights on the one hand with the City’s proffered institutional reasons for the surveillance on the other.In rejecting the plaintiffs' claims, the district court got the analysis wrong because "it misunderstood important Sixth Amendment jurisprudence concerning conduct that chills a detainee’s communications… [read post]
4 Dec 2018, 9:06 pm by Dan Flynn
Environmental swabs tested positive for the outbreak strain from inside the plant. [read post]
4 Dec 2018, 3:45 pm by Guest Blogger
The professional associations claim that the citizenship question is unnecessary because the Bureau’s American Community Survey already provides estimates of citizenship status broken down by geographical areas.Following the case law, the plaintiffs in the district court case did not argue for anything other than an accurate direct count. [read post]
4 Dec 2018, 10:35 am by admin
Alaska appropriated $3 million to test rape kits in its 3400+ backlog. [read post]
4 Dec 2018, 6:57 am by Tim Zubizarreta
The court also questioned why the plaintiffs were requesting the case be remanded to West Virginia, to which the plaintiffs argued that even if the court ruled in their favor, West Virginia would still need to rule on whether Dawson was a valid employee to receive the exemption. [read post]