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12 Jan 2024, 5:44 pm
The Court in no way suggests that Plaintiffs pose any safety risk to other students. [read post]
12 Jan 2024, 12:23 pm
McKinney, the justices will consider what test courts should use to evaluate requests from the National Labor Relations Board for injunctions under Section 10(j) of the National Labor Relations Act, which gives federal district courts the authority to grant preliminary injunctive relief as the court “deems just and proper”: the traditional (and stringent) four-factor test, or a more lenient standard. [read post]
12 Jan 2024, 10:20 am
Instead, to honor precedent, the Ninth Circuit applies the ill-suited three-element Kremen test to decide when intangibles qualify as chattels: 1) “an interest capable of precise definition. [read post]
12 Jan 2024, 7:09 am
The Plaintiff needs to establish that the Defendant was liable (a fancy legal word for at fault) for the Plaintiff’s injuries. [read post]
12 Jan 2024, 7:04 am
It then applied a three-part test set out in Kremen v. [read post]
12 Jan 2024, 4:00 am
DEFENDANTS WOULD OTHERWISE BE “DISADVANTAGED AND PREJUDICED”In a childhood lead-poisoning case, both sides retained independent psychologists to perform a neuropsychological examination, and when the Bronx County Supreme Court directed that the litigants exchange their experts’ “raw testing data” used to generate their respective reports, an appeal ensued.On its review of the dispute, the Appellate Division, First Department, noted that since the parties were… [read post]
12 Jan 2024, 3:08 am
Requiring whistleblowers to prove retaliatory intent, rather than shifting to employers the burden to prove its absence, is pivotal, because proving a defendant’s mindset is a steep uphill climb for any plaintiff. [read post]
11 Jan 2024, 9:24 am
In that there is no perfect construction and if a plaintiffs’ attorney is willing to spend enough money in destructive testing for construction defects, they can easily identify those projects with the most insurance, thereby getting the higher ROI on their investments. [read post]
11 Jan 2024, 6:44 am
Punitive damages in the amount of $9,000 were awarded to each of the 53 plaintiffs, aggregating $477,000. [read post]
11 Jan 2024, 4:57 am
” In the case at hand, “California’s sole contact to the dispute was the happenstance of the plaintiff’s residence there. [read post]
10 Jan 2024, 9:05 pm
”[2] Professors Stephen Bainbridge and Mitu Gulati have raised the possibility that these insider trading tests were developed by busy judges to move complex cases off their dockets. [read post]
10 Jan 2024, 8:05 pm
In repeated IQ tests, Smith scored 78, 75, 74, 74, and 72. [read post]
10 Jan 2024, 8:03 am
But I recall researchers testing alternative “morality” hypotheses. [read post]
10 Jan 2024, 6:00 am
The first prong of the test "requires an examination of ... [read post]
10 Jan 2024, 6:00 am
The first prong of the test "requires an examination of ... [read post]
9 Jan 2024, 9:00 am
A plaintiff would still be required to establish injury caused by a violation of the My Health My Data Act to bring a claim. [read post]
9 Jan 2024, 8:24 am
To buttress its assessment that the plaintiffs are suing over first-party design and not third-party content, the court says: a “but for”/”based on”/”flows from” test is not consistent with a plain meaning analysis of the words Congress chose to employ. [read post]
8 Jan 2024, 6:40 pm
A plaintiff alleging a design fault in a product in Texas must prove more than simply that the product was harmful when designed. [read post]
8 Jan 2024, 12:53 pm
This makes plaintiffs like Laufer different in a critical way from the Black plaintiff in Havens Realty. [read post]
8 Jan 2024, 11:50 am
In a 51-page published opinion filed January 5, 2024, and resolving consolidated appeals, the Third District Court of Appeal rejected baseline, piecemealing/segmentation, impact analysis, project description, alternatives analysis, and failure-to-recirculate challenges to the EIR for the Department of Water Resources’ (“DWR”) approval of amendments to long-term water supply contracts with local government agencies receiving water through the State Water Project (“SWP”). [read post]
