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26 May 2017, 7:30 am
Plaintiffs were found, and a legal strategy emerged. [read post]
26 May 2017, 6:06 am
Elimination of that test would provide employers and exempt employees with more freedom around schedules and pay. [read post]
25 May 2017, 3:33 pm
They err, as did the district court, in holding that the plaintiffs had standing to bring an Establishment Clause claim. [read post]
25 May 2017, 2:21 pm
They do, the 4th Circuit concluded today, because at least one plaintiff, known as “John Doe #1,” has felt “the direct, painful effects” of the executive order “in his everyday life. [read post]
25 May 2017, 12:12 pm
A preliminary question for the judge is whether a reasonable person hearing or reading the statement could conclude that the defamatory statement was essentially “about” the plaintiff, even if the plaintiff is not mentioned by name in the statement. [read post]
25 May 2017, 9:01 am
[T]he Lanham Act specifies that the relevant question under the primary significance test is “whether the registered mark has become the generic name of [certain] goods or services. [read post]
25 May 2017, 8:17 am
Police arrived on the scene and conducted a blood-alcohol test on the defendant, which revealed he was legally intoxicated. [read post]
25 May 2017, 5:00 am
After reviewing that test, the court ruled in favor of the Plaintiff finding that the Plaintiff made a prima facie showing of a relationship between the level of care alleged and the allegations pled in the Complaint, as well as a plausible argument that the information sought in discovery may assist the Plaintiffs in establishing the claims presented. [read post]
25 May 2017, 1:26 am
The court held that the phrase ‘arising out of’ is unambiguously satisfied by the ‘but for’ causation test. [read post]
24 May 2017, 12:03 pm
Federal courts in Maryland and North Carolinahave also issued supportive rulings in current partisan gerrymandering cases, allowing the plaintiffs' claims to proceed to trial. [read post]
24 May 2017, 10:56 am
"What's true for the EEOC is presumably true for other plaintiffs (and their counsel) as well.A potentially useful holding. [read post]
24 May 2017, 8:36 am
The plaintiff hired two expert witnesses to prove their case. [read post]
24 May 2017, 8:36 am
The plaintiff hired two expert witnesses to prove their case. [read post]
24 May 2017, 6:56 am
The “undue hardship” defense must meet the same tough test required in disability cases. [read post]
23 May 2017, 8:23 pm
Court of Appeals for the 1st Circuit improvidently applied the heightened “tends to exclude” test to the petitioner’s concerted refusal to deal claim, in circumstances in which it is not warranted, and thus erroneously denied the plaintiff its right to have its case heard by the trier of fact. [read post]
23 May 2017, 11:43 am
ICBC then sought repayment from the Plaintiff. [read post]
23 May 2017, 10:45 am
The Cohen Plaintiffs filed their complaint in New York state court in August 2016, and Facebook removed the action to federal court. [read post]
23 May 2017, 10:08 am
Second, in rejecting the competing-plan test, the court rejected one of the best ways to distinguish districting plans that warrant judicial intervention from those that do not. [read post]
23 May 2017, 9:04 am
To understand the implications of the court’s decisions in both Cooper and Bethune-Hill, the two-step test to determine whether a redistricting plan constitutes a racial gerrymander is worth repeating. [read post]
23 May 2017, 6:50 am
McKnight was on her way to an EKG test that was one of the last things she had to do to become and accept a job as a certified medical assistant. [read post]
