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17 Sep 2018, 3:30 am
Before I get into that, let me remind you what a hostile work environment is as a matter of law: To establish a hostile work environment claim, a plaintiff must show that she was (1) subjected to unwelcome sexual conduct, advances, or requests; (2) because of her sex; (3) that were severe or pervasive enough to create a hostile work environment; (4) offensive to both the plaintiff and a reasonable person in the plaintiff’s shoes; and (5) that there is a basis for… [read post]
14 Sep 2018, 12:30 pm
To win an excessive force suit, a plaintiff need not show an officer enjoyed beating them up, just that the officer intended to cause harm. [read post]
14 Sep 2018, 9:12 am
It is up to the plaintiff to establish that there was a duty. [read post]
13 Sep 2018, 10:31 am
Two dozen or more plaintiffs have tried suing platforms for taking down their posts or accounts, and the platforms have won every case. [read post]
13 Sep 2018, 5:15 am
The test is based on how long it would take the employer to find a qualified replacement. [read post]
13 Sep 2018, 5:15 am
The test is based on how long it would take the employer to find a qualified replacement. [read post]
13 Sep 2018, 4:42 am
The EEOC alleges that, after the interview, the applicant received a phone call from the manager, who allegedly said, “I see on your drug test that you checked female. [read post]
13 Sep 2018, 4:01 am
Although “discretionary function” is not defined, courts have developed the planning-operational test to determine whether immunity should be removed. [read post]
12 Sep 2018, 9:14 pm
Now that the law is in effect in California, the plaintiff states filed a new suit under the Supreme Court’s original jurisdiction. [read post]
12 Sep 2018, 4:05 pm
A federal district court in the District of Connecticut recently granted summary judgment to a plaintiff who brought a claim against an employer that withdrew a job offer due to the plaintiff’s positive drug test for marijuana. [read post]
12 Sep 2018, 3:21 pm
At issue in Griggs was the requirement that employees hired into service jobs at the power company's facilities had to possess a high-school diploma and achieve a minimum score on an IQ test. [read post]
12 Sep 2018, 12:52 pm
The test results showed that the defendant’s blood alcohol content was .201. [read post]
12 Sep 2018, 12:20 pm
’ ” Thus, the plaintiff’s burden is to show “that its damages calculation is a ‘fair and reasonable approximation’ of its lost profits. [read post]
12 Sep 2018, 8:01 am
Thus, there were not actual tests that had been performed using the telescoping underride guard. [read post]
11 Sep 2018, 9:06 pm
It took until mid-August before the plaintiffs could show Perdue, Summers and U.S. [read post]
11 Sep 2018, 2:20 pm
Moreover, Plaintiffs are free to advertise through any other channels of communication. [read post]
11 Sep 2018, 11:35 am
They participated in the assaults on plaintiffs.... [read post]
11 Sep 2018, 4:33 am
DiTommaso Lubin Austermuehle a Chicago business litigation law firm represents both plaintiffs and defendants in such cases, and can also help stop litigation before it starts by reviewing contracts to look for covenants and clauses that could create problems later. [read post]
11 Sep 2018, 3:30 am
Drug testing policy? [read post]
10 Sep 2018, 9:01 pm
Therefore, the state argued, the rules were a legitimate exercise of the state’s power.The court sided with plaintiffs, in a ruling that followed clearly from the US Supreme Court’s abortion cases.Prior to the Supreme Court’s 1973 ruling in Roe v. [read post]