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17 Dec 2015, 4:05 am
The court went on to permit plaintiff to proceed against the city and the Mayor on claims of denial of procedural due process, violation of his 1st Amendment free exercise and expressive association rights and of the Article VI ban on religious tests for office. [read post]
12 Sep 2022, 6:18 am
The test is whether she had a severe impairment that could be expected to result in death or that could last for a continuous period of 12 months. [read post]
27 Dec 2019, 6:58 am
The Ninth Circuit applied something like a 4-factor test, looking at serving important religious functions, title, training, and tax benefits. [read post]
8 Mar 2022, 5:32 pm
Rather, they have created a system of religious exemptions and refused to extend it to Plaintiffs based on responses, or lack thereof, to a supplemental form. [read post]
1 Apr 2013, 1:26 pm
District Courts where the lawsuits were originally filed in following discovery and any test trials. [read post]
1 May 2020, 4:05 am
Thus, the display fails the endorsement test. [read post]
30 Jul 2020, 1:32 pm
Some studies have suggested that women judges are more likely to support plaintiffs in sexual harassment, employment, and immigration cases. [read post]
26 Sep 2016, 6:56 am
The court granted plaintiff's cross-motion for summary judgment that its electromagnetic radiation testing patent was not invalid because the PTAB's findings during inter partes review did not provide a basis for the court to reconsider its claim construction. [read post]
6 Jul 2019, 7:19 pm
"Rebecca Tushnet says "'may reasonably be perceived' has been the test (at least for parody) since Campbell--neither this judge nor the 2d Circuit made it up--and it makes sense for all forms of meaning-transformativeness, not just for the subcategory of parody, as both 2d and 9th have recognized. [read post]
11 May 2014, 8:10 am
LEXIS 61165 (WD VA, May 2, 2014), a Virginia federal district court dismissed a claim by a Nation of Islam inmate that subjecting him to a TB screening test violates his RLUIPA rights, and remanded to a magistrate plaintiff's claim that he was denied a diet that complies with his religious beliefs.In Brames v. [read post]
3 Sep 2024, 4:05 am
Absent additional historical evidence—and Plaintiffs point us to none here—the history of tax exemptions near the time of the Founding suggests that the statutory exemptions that operate as a subsidy to religious institutions do not violate the Establishment Clause according to its original meaning.Having considered the history of religious exemptions at or near the Founding, the history and tradition test requires us to look next to the “uninterrupted… [read post]
22 Nov 2021, 6:56 am
Supreme Court’s test for constitutional standing. [read post]
7 Oct 2014, 12:17 am
The Court of Amsterdam dealt with one of the “right to be forgotten” requests that Google refused to comply with by rejecting the claims of the plaintiff and reinforcing the role of freedom of speech. [read post]
26 Aug 2015, 5:00 am
After noting that the record before him did not support a finding that the Defendant had met the required elements of the test, Judge Nealon denied the Petition to Transfer Venue to Lancaster County under Rule 1006(d)(1) as the Defendants had not met their "heavy burden" imposed under Pennsylvania law. [read post]
17 Apr 2013, 4:46 am
”4 So, in Pennsylvania, courts use what has been referred to as the “restoration to use” test. [read post]
1 Dec 2013, 1:30 am
This is a rare case that tests the legal right to make an "advance" decision to voluntarily refuse food and fluids (VRFF) aka voluntarily stop eating and drinking (VSED). [read post]
22 Jan 2017, 10:00 am
Plaintiff had received a vegan religious diet.In Fields v. [read post]
18 May 2014, 10:56 am
There are still stringent tests that an injured person must meet to prove that their care was negligent. [read post]
17 Nov 2013, 7:30 am
NYPD failed to meet that test. [read post]
8 Feb 2022, 6:07 am
The ultimate test is "reasonableness," which gives these officials the benefit of the doubt and usually means the plaintiffs lose, as "reasonableness" is the lowest level of constitutional review, as per Supreme Court case law.The Second Circuit (Bianco, Kearse and Cabranes) agrees with the district court, finding that (1) the corrections system had a legitimate need to restrict sexually-charged materials to avoid a hostile work environment for the staff (the… [read post]
