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29 Aug 2018, 4:00 am
”Judge Kelly's concurring opinion argues that Galloway was merely a clarification of exiting Establishment Clause doctrine, not a sea change in it; but that exiting Supreme Court case law upholds the motto.Judge Gruender, in portions of his opinion joined by all 3 judges on the panel, went on to reject plaintiffs' free speech, free exercise, RFRA and equal protection challenges. [read post]
10 Feb 2014, 1:35 pm
The statute said nothing at all about the caption on the petition, the Court pointed out. [read post]
21 May 2013, 1:00 am
The outcome of all of these lawsuits could help to shape the rights of women in the future. [read post]
6 May 2014, 3:04 pm
This is because, in general, breaches of fiduciary duty related to an ERISA plan affect all participants and beneficiaries in the same manner, which renders the ERISA violation at issue common to all members of a proposed class. [read post]
22 Mar 2016, 6:00 am
Under that theory, the fact of damage does not require a showing that all -- or virtually all -- class members accrued unpaid meal break premium wages, but only that on a system-wide basis, petitioners denied the class members the benefits of the compensation guarantee and enhanced enforcement implemented by section 226.7.The plaintiffs' proposed method of determining the amount of restitution did not create a barrier to certification. [read post]
14 Sep 2021, 6:01 am
This is a police misconduct case, an issue that creates strong emotions on all sides. [read post]
19 Mar 2014, 3:18 pm
The state anti-wiretapping laws contain similar exceptions, though the consent exceptions in some states require the consent of all parties to the communication. [read post]
22 Aug 2019, 8:12 am
The Court summarized her harm at paragraphs 36 and 37:[36] In summary, Plaintiff has not incurred any out-of-pocket costs associated with the protection of her personal and/or financial information.[37] The only prejudice suffered by the Plaintiff relates to the inconvenience of having to change her passwords in all of the accounts associated with her Yahoo email address and the alleged embarrassment suffered as a result of spam emails that were sent to her friends. [read post]
30 Sep 2013, 4:43 am
The Second Circuit affirmed the decision in all respects, noting that to state a claim for defamation, a plaintiff must establish that the challenged comments refer to him. [read post]
18 Dec 2023, 6:44 am
This is because all discriminatory treatment, in whatever form it takes, creates a concrete injury under Supreme Court precedent. [read post]
23 Jan 2014, 7:08 am
To be eligible to compete, the NCAA required student athletes to release in perpetuity all rights to the commercial use of their images. [read post]
7 Dec 2018, 5:00 am
The Superior Court noted that the trial court had instructed the jury on all of the available elements of damages. [read post]
25 Sep 2023, 5:00 am
Accordingly, all arguments regarding spoliation sanctions were denied without prejudice. [read post]
22 Aug 2019, 8:12 am
The Court summarized her harm at paragraphs 36 and 37:[36] In summary, Plaintiff has not incurred any out-of-pocket costs associated with the protection of her personal and/or financial information.[37] The only prejudice suffered by the Plaintiff relates to the inconvenience of having to change her passwords in all of the accounts associated with her Yahoo email address and the alleged embarrassment suffered as a result of spam emails that were sent to her friends. [read post]
13 Jun 2023, 7:00 am
State, 4 A. 3d 126 - NJ: Supreme Court 2010.)The parallel expressed between the LAD and the Workers’ Compensation Act suggests that state legislatures should consider revising statutory “disability” definitions to encompass all infectious diseases in LAD acts to ensure consistency and coordination in adjudicating all disability claims. [read post]
30 Jul 2024, 6:00 am
CIS Air 4 Corp., 352 F.3d 775, also observed that "[when] ruling on a summary judgment motion the district court must construe the facts in the light most favorable to the non-moving party and must resolve all ambiguities and draw all reasonable inferences against the movant. [read post]
30 Jul 2024, 6:00 am
CIS Air 4 Corp., 352 F.3d 775, also observed that "[when] ruling on a summary judgment motion the district court must construe the facts in the light most favorable to the non-moving party and must resolve all ambiguities and draw all reasonable inferences against the movant. [read post]
18 Nov 2020, 6:38 am
In January 2018, prior to filing the lawsuit, plaintiffs sent a letter to defendants notifying defendants of their plan to file a lawsuit and advising defendants to “preserve all paper and electronic records that may be relevant to our clients’ claims” including “all e-mails and other electronic and paper records regardless of where they are maintained. [read post]
18 Nov 2020, 6:38 am
In January 2018, prior to filing the lawsuit, plaintiffs sent a letter to defendants notifying defendants of their plan to file a lawsuit and advising defendants to “preserve all paper and electronic records that may be relevant to our clients’ claims” including “all e-mails and other electronic and paper records regardless of where they are maintained. [read post]
18 Nov 2020, 6:38 am
In January 2018, prior to filing the lawsuit, plaintiffs sent a letter to defendants notifying defendants of their plan to file a lawsuit and advising defendants to “preserve all paper and electronic records that may be relevant to our clients’ claims” including “all e-mails and other electronic and paper records regardless of where they are maintained. [read post]
