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19 Aug 2023, 5:43 am by Chip Merlin
My work was primarily representing insurance companies and defending professionals, including insurance agents and brokers, as well as attorneys. [read post]
  For example, one court held that pet sitters and dog walkers who used the defendant’s app to connect with pet owners worked outside the defendant’s course of business.[4]  The IWC may clarify how a gig economy company’s “course of business” should be defined in applying prong B of the ABC test. [read post]
18 Aug 2023, 9:45 am by ricelawmd_3p2zve
Economic damages are for things like medical bills, while punitive damages are for punishing defendants. [read post]
18 Aug 2023, 8:55 am by Lawrence Solum
The torts developed at different times and in a sense for different reasons, but all three rest on the same principle: the idea that individual autonomy involves not only inviolable bodily space, but also inviolable private and informational space. [read post]
18 Aug 2023, 7:24 am by David M. Boertje
We have all heard the stereotype about all people who are charged with a crime claiming to be innocent. [read post]
18 Aug 2023, 7:05 am by Ann Lipton
The PSLRA will allow defendants to escape liability for false projections if those projections are accompanied by “meaningful cautionary statements identifying important factors that could cause actual results to differ materially from those in the forward-looking statement. [read post]
18 Aug 2023, 7:00 am by ricelawmd_3p2zve
If you have strong evidence, the defendant might just agree to cover all your damages, save legal fees on the trial, and avoid humiliation in court. [read post]
18 Aug 2023, 6:30 am by Adam Keith
Worst of all, in one of the legal memos that paved the way for the U.S. use of waterboarding and other acts of torture, former Justice Department lawyer John Yoo reassured the Bush White House that, among other claims, U.S. nationals “cannot…be subject to ICC prosecution. [read post]
18 Aug 2023, 6:13 am by Eugene Volokh
That standard demands that the plaintiff produce "sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of [the defendant's] publication. [read post]
18 Aug 2023, 6:08 am
Watching Ramaswamy on the stump reminded me that Biden, who campaigned against Trump’s extremism in 2020 as a pragmatist and a steady hand, has not yet had to defend his investments in climate transformation and the Ukraine war, and made me wonder how effectively he would do so. [read post]
18 Aug 2023, 6:00 am by AccelerateEditor
Breach of duty: Prove that the defendant breached their duty of care through their actions or inactions. [read post]
18 Aug 2023, 5:01 am by Eugene Volokh
Removing these documents from public view and redacting all references to them in the briefing would undermine the public's ability to know the basis for the Court's decision on Defendant's Motion to Dismiss, as the documents form almost the entirety of Defendant's evidence in support of his Motion to Dismiss and both parties discuss Plaintiff's criminal record extensively in their briefing. [read post]
18 Aug 2023, 4:30 am by Michael C. Dorf
There was no dispute that the defendants were on duty and thus acting under color of their federal office. [read post]
18 Aug 2023, 4:05 am by Howard Friedman
The court said in part:Maine continues to permit multiple non-religious exemptions, including a 90-day grace period for non-religious students, a medical exemption, and the IEP sunset provision, all of which arguably undermine its student health and safety interests while restricting religious exemptions that may pose comparable risks....The Court finds it plausible that section 6355 is not narrowly tailored to advance Maine’s interests.The court also found that defendants… [read post]
18 Aug 2023, 4:00 am by Jim Sedor
Alabama – Alabama Republicans Defend Not Creating a Second Majority Black District in Court Yahoo News – Zach Montellaro (Politico) | Published: 8/14/2023 Alabama Republicans were ordered by a federal court to redraw their congressional maps to ensure there were two majority-Black districts. [read post]
18 Aug 2023, 3:00 am by Shea Denning
Sad situation all around, for all the families. [read post]