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13 Jul 2018, 7:18 am
The court granted in part plaintiffs' motion for discovery sanctions and sanctioned defendant $1.5 million after defendant disclosed corrected stability dissolution testing data during a bench trial. [read post]
13 Jul 2018, 4:56 am
In case you missed Employment Law Daily’s in-depth coverage, here’s a recap of just some of the key developments in the L&E community for June 2018. [read post]
12 Jul 2018, 4:29 pm
The Court's original suggestion that the doctrine was a natural extension of a common law good faith defense to tort liability has not stood the test of time. [read post]
12 Jul 2018, 1:32 pm
The Court referred to these circumstances as the parties having a preconception agreement and applied the Aconception test@). [read post]
12 Jul 2018, 1:32 pm
The Court referred to these circumstances as the parties having a preconception agreement and applied the Aconception test@). [read post]
12 Jul 2018, 11:37 am
The plaintiff in Dominguez v. [read post]
12 Jul 2018, 6:50 am
” The test is tied to the productive work an employee is employed to perform. [read post]
11 Jul 2018, 9:38 pm
., to dismiss a complaint filed by Plaintiff Illumina, Inc. against Natera. [read post]
11 Jul 2018, 9:30 pm
Various tests have been proposed and occasionally adopted. [read post]
11 Jul 2018, 4:17 pm
This argument has some superficial appeal: an injunction against speech sometimes may pass constitutional testing if it follows an adjudication that the expression is unprotected, and the injunction itself is narrowly tailored to avoid censoring protected speech. [read post]
11 Jul 2018, 1:54 pm
And, yes, she hit the plaintiff on his motorcycle and caused serious injuries. [read post]
11 Jul 2018, 7:09 am
Robinson contended, and other officers testified, that as a result Perales scrutinized him much more closely; Spangler, the second plaintiff in this appeal who had been a sergeant with some authority, was told by Perales to “get some shit” on Robinson and his partner, not to give them anything they wanted, and that it needed to come from Spangler so Perales would seem uninvolved. [read post]
11 Jul 2018, 6:12 am
National Australia Bank, which held that Section 10(b) of the Securities and Exchange Act of 1934 does not apply extraterritorially. [1] Since Morrison was decided, plaintiffs’ lawyers have been testing the limits of what constitutes a “domestic” transaction for purposes of a federal securities fraud claim. [read post]
10 Jul 2018, 8:01 am
The dissenting judge asserted that the majority gave the lower court too much deference, misapplied the relevant test for determining fee awards, and permitted the CIA to evade its FOIA responsibilities. [read post]
10 Jul 2018, 5:00 am
This would be an interesting theoretical paper in the future, or even something to be tested. [read post]
9 Jul 2018, 7:40 pm
Regardless of the number of years this policy remains in force or the number of premiums paid, no Limit of Insurance cumulates from year to year or period to period.On the issue of the number of occurrences, Supreme Court rejected plaintiff's asserted reliance on the "unfortunate-event test" and held that the former bookkeeper's series of thefts from plaintiff constituted "one occurrence" under the policy and, therefore, was subject to the… [read post]
9 Jul 2018, 6:13 pm
A new lawsuit resulted, among whose plaintiffs were Mr. [read post]
9 Jul 2018, 4:20 pm
Abella and Wagner JJ advocated modifying the choice of law question in Internet libel claims, replacing the principle of lex loci delicti (the place where the tort occurs) with a test based on where the most substantial harm to the plaintiff’s reputation occurred [109], [144]. [read post]
9 Jul 2018, 3:53 pm
Applying a two-part test to guide district courts in applying judicial estoppel, the court held that plaintiff took an inconsistent position under oath in a separate proceeding and the inconsistent positions were calculated to make a mockery of the judicial system. [read post]
9 Jul 2018, 2:31 pm
Hardiman emphasized that the rule which passed the test had been enacted through the proper public notice and comment process which is required by Congress. [read post]
