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17 Sep 2018, 3:30 am by Eric B. Meyer
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 by John K. Ross
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]
13 Sep 2018, 10:31 am by Daphne Keller
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 by Written on behalf of Peter McSherry
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 by Written on behalf of Peter McSherry
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 by Eric B. Meyer
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 by The Law Offices of John Day, P.C.
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 by Jeff Schmitt
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 by Joseph A. McNelis III
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 by Jon
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, 12:20 pm by Rebecca Tushnet
’ ”  Thus, the plaintiff’s burden is to show “that its damages calculation is a ‘fair and reasonable approximation’ of its lost profits. [read post]
11 Sep 2018, 9:06 pm by Dan Flynn
 It took until mid-August before the plaintiffs could show Perdue, Summers and U.S. [read post]
11 Sep 2018, 2:20 pm by Eugene Volokh
Moreover, Plaintiffs are free to advertise through any other channels of communication. [read post]
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]
10 Sep 2018, 9:01 pm by Joanna L. Grossman
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]