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28 Dec 2023, 5:00 am
Test for Proper Venue RevisedIn the case of Hangey v. [read post]
28 Dec 2023, 4:05 am
Plaintiffs had argued that by failing to include annotations to federal cases that would indicate that Idaho's statute is unconstitutional, the publishers violated plaintiffs' due process rights.Los Angeles Blade reports on the decision. [read post]
27 Dec 2023, 12:04 pm
Under the totality of the circumstances, the statements featured in the complaint represent opinions, rather than facts that can be tested to determine their veracity. [read post]
27 Dec 2023, 10:32 am
Circuit found that Public Resource’s use of the standards is for nonprofit, educational purposes, that this use serves a different purpose than that of the plaintiffs, and that the evidence did not show significant harm to the standards organizations’ commercial markets. [read post]
27 Dec 2023, 9:01 am
This makes it even more interesting to follow the German approach to the originality test, especially in the case of short literary works. [read post]
27 Dec 2023, 5:40 am
We argued that the court should establish a functional test that looks at how an account is actually used. [read post]
27 Dec 2023, 5:00 am
As such, the Plaintiff sued for negligence under the wrongful death statute. [read post]
26 Dec 2023, 4:22 am
Given that the respondent in the lower court proceedings did not contest the executor’s standing to pursue dissolution, whether or not Andris made new law will need to be tested in future litigations. [read post]
25 Dec 2023, 7:30 am
Economic damages aim to cover the quantifiable losses incurred by the plaintiff. [read post]
23 Dec 2023, 7:16 pm
Judge Weinstein observed that when the hand waving stopped, “[t]here is no evidence that plaintiffs were exposed to the far higher concentrations involved in both animal and industrial exposure studies. [read post]
22 Dec 2023, 12:30 pm
Boston's selective public schools used to base admission on GPAs and a standardized test, which led to incongruent racial demographics. [read post]
21 Dec 2023, 6:00 pm
These wiretap cases follow the common playbook of plaintiffs’ counsel with privacy class actions – testing to see whether they can dust off pre-digital age laws and persuade courts that these laws should apply to modern technologies never contemplated when the laws were enacted. [read post]
21 Dec 2023, 10:45 am
It’s a vocational test. [read post]
21 Dec 2023, 7:32 am
Lovington: Your Honor, Plaintiff … umm … Mr. [read post]
20 Dec 2023, 7:40 pm
Thus, Carney concluded that the plaintiffs are “likely to succeed on the merits of their claim. [read post]
19 Dec 2023, 9:12 am
.) -- determining that: (1) Navy performed adequate search for records concerning its investigations into suicides of certain service members; and (2) government’s explanations for privacy withholdings in the Vaughn Index were too “boilerplate and conclusory” to permit the court to conduct required balancing test; noting that government’s terse descriptions nonetheless suggested that “substantial privacy interests” were at stake, and that court harbored… [read post]
18 Dec 2023, 7:55 am
The plaintiffs in Held v. [read post]
18 Dec 2023, 6:11 am
Plaintiff also asserted claims under the DTPA and TExas Insurance Code, to which the Court stated that, if an insurer had a reasonable basis for denial of the claim – however erroneous – that the insurer enjoys immunity from statutory bad faith under the Texas Insurance Code and the DTPA. [read post]
18 Dec 2023, 3:05 am
Following Mr Giuliani’s tweet, the plaintiffs received a torrent of threats and racist attacks and members of the public tried to perform a citizens’ arrest on them. [read post]
17 Dec 2023, 1:29 pm
The court applied the test for mandamus review of improper venue decisions established in In Re Volkswagen, requiring the movant to show the transferee venue is “clearly more convenient. [read post]
