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5 Jan 2021, 10:06 pm by Scott McKeown
  Whether the petitioner and the defendant in the parallel proceeding are the same party; and 6. [read post]
5 Jan 2021, 2:23 pm by Bona Law PC
The Robinson-Patman claim in Brooke Group alleged a primary line injury:  Manufacturer 1’s lower prices to Retailer A harmed Manufacturer 2, usually because Manufacturer 2 could only sell to Retailer A and not Retailer B. [read post]
5 Jan 2021, 1:59 pm by Kevin LaCroix
But merely because bad things happened and share prices declined as a result does not mean that there has been securities fraud. [read post]
4 Jan 2021, 1:26 pm by Kevin LaCroix
The companies named as defendants in 2020 federal court securities suits represented 125 different Standard Industrial Classification codes. [read post]
4 Jan 2021, 5:49 am by Ralf Michaels
Instead, the claimant would need to certify that the court has jurisdiction under the new set of rules (as has been the practice when the rules of the Brussels-Lugano apply) and the defendant would need to make an application under CPR, Part 11 if it considers that the English court does not have or should not exercise jurisdiction. [read post]
4 Jan 2021, 5:34 am by Second Circuit Civil Rights Blog
" Those factors are as follows:  The personal involvement of a supervisory defendant may be shown by evidence that: (1) the defendant participated directly in the alleged constitutional violation, (2) the defendant, after being informed of the violation through a report or appeal, failed to remedy the wrong, (3) the defendant created a policy or custom under which unconstitutional practices occurred, or allowed the continuance of such… [read post]
4 Jan 2021, 5:01 am by Eugene Volokh
The ordinance does not seek to punish his use of the n-word more severely compared to other fighting words. [read post]
4 Jan 2021, 4:30 am by Franklin C. McRoberts
The Injunction Standard What does one need to prove to obtain an injunction? [read post]
4 Jan 2021, 4:10 am by SHG
Lawyers defending the Oregon Cares Fund have argued that the state has a duty to ensure that the distribution of Covid-19 relief funds does not perpetuate the disparities Black residents face. [read post]
3 Jan 2021, 3:07 pm by Robert Liles
Non-coverage of these multiplex PCR respiratory viral panels does not deny patient access because appropriate clinician directed testing is available. [read post]
3 Jan 2021, 6:01 am by Kevin LaCroix
If the merger objection lawsuits are taken out of the equation and only traditional lawsuits filed against listed defendants are considered (of which there were 201 in 2020), and the year-end 2019 number of public companies (4,318) is used for calculation purposes, the 2020 federal court securities litigation rate for traditional securities suits calculates to 4.65%. [read post]
1 Jan 2021, 11:03 am by Matthew Guariglia
Researchers at Dartmouth University found in January 2018 that one widely used tool, COMPAS, incorrectly classified black defendants as being at risk of committing a misdemeanor or felony within 2 years at a rate of 40%, versus 25.4% for white defendants. [read post]
1 Jan 2021, 4:36 am by JR Chaves
The government has processed an emergency bill so that it does not happen again. 10. [read post]
  (2) Does the Federal Power Act preempt state court challenges to an environmental impact report prepared under the California Environmental Quality Act in order to comply with the federal water quality certification under the federal Clean Water Act? [read post]