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7 Feb 2024, 2:35 pm by Marty Lederman
  Instead, the state court has merely determined that Trump’s name should be excluded from its primary ballot because Section 3 is virtually certain to preclude him from serving as President, even if there is (barely) a hypothetical chance that Congress might revive his eligibility to serve.The second (somewhat related) reason that Trump’s Term Limits argument doesn’t work is simply that it doesn’t satisfy the conditions for the test the Court… [read post]
7 Feb 2024, 2:02 pm by Marty Lederman
  Instead, the state court has merely determined that Trump’s name should be excluded from its primary ballot because Section 3 is virtually certain to preclude him from serving as President, even if there is (barely) a hypothetical chance that Congress might revive his eligibility to serve.The second (somewhat related) reason that Trump’s Term Limits argument doesn’t work is simply that it doesn’t satisfy the conditions for the test the Court… [read post]
7 Feb 2024, 12:53 pm by Steven Cohen
Third, Bloch determined that alternative designs would have prevented the plaintiff’s injuries. [read post]
7 Feb 2024, 7:40 am by Unknown
For inaction on that risk to constitute bad faith, the court stated, the plaintiff would have to plead more that he did.Waste. [read post]
6 Feb 2024, 6:51 am by Brad Hughes
The bottom line is that, at least in Ohio’s Second District, a plaintiff’s desire to proceed anonymously to avoid disclosing an involuntary civil commitment does not meet the factor of Ohio’s multifactor test that considers whether such disclosure would reveal information “of the utmost intimacy. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
” The plaintiffs are right to object that this is an extraordinarily truncated and sanitized account of what Trump did on January 6 (and the final sentence is de [read post]
3 Feb 2024, 4:53 pm by Howard Friedman
  After finding that plaintiff had standing and that PMA was a state actor during the hiring process, the court said in part:Because a reasonable jury could find the Statement of Christian Faith to be “a religious test” ..., summary judgment cannot be granted in favor of Defendants on this count. [read post]
2 Feb 2024, 12:30 pm by John Ross
Second Circuit: Sends her to the Grievance Panel with a lesson—AI may pass the Turing test, but it hasn't passed the bar. [read post]
2 Feb 2024, 5:39 am by Mavrick Law Firm
Florida courts apply a combination of tests in the form of the direct harm test, special injury test, and contract test. [read post]
2 Feb 2024, 3:30 am by Liz Dunshee
That said, regulators, activists, and plaintiffs are already using this technology – so companies (and their advisors!) [read post]
1 Feb 2024, 10:01 am by Scott Hervey
In Punchbowl Inc. v AJ Press, the plaintiff, Punchbowl Inc., is a technology company that provides online invitations and greeting cards. [read post]
31 Jan 2024, 8:43 am by Evan Brown
The press release stated, in part, that under the terms of the software licensing agreement between the parties, the “software will only be made available to [plaintiff],” and that “[c]ompetitors will have to develop their own software or secure licenses from others with inferior test performance. [read post]
31 Jan 2024, 5:00 am
The Defendant tested negative for any drugs or alcohol. [read post]
30 Jan 2024, 9:33 am by Rebecca Tushnet
Here, whether the plaintiff’s asserted definitions are reasonable were for the jury to decide as part of the overall reasonable-consumer test. [read post]