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29 Sep 2017, 9:02 am
Runyon, 232 F.3d 33 (2d Cir. 2000). [read post]
28 Sep 2017, 1:15 pm
Avon Prods., Inc. 328 F.3d 379 (7th Cir. 2003) – that a long-term leave of absence could not be a reasonable accommodation under the ADA. [read post]
28 Sep 2017, 9:58 am
Kennedy, 638 F.3d 159, 165-67 (3d Cir. 2011) (collecting cases). [read post]
28 Sep 2017, 6:43 am
A defendant moving for traditional summary 5 judgment on an affirmative defense has the burden to conclusively prove all the elements of the affirmative defense as a matter of law. [read post]
27 Sep 2017, 12:52 pm
Blake, 868 F.3d 960 (2017). [read post]
27 Sep 2017, 6:48 am
., 765 F.3d 966, 972 (2nd Cir. 1985). [read post]
27 Sep 2017, 5:00 am
By Rodney F. [read post]
25 Sep 2017, 7:22 pm
Mahurkar, 935 F.2d 1555, 1562–63 (Fed. [read post]
25 Sep 2017, 7:22 pm
Mahurkar, 935 F.2d 1555, 1562–63 (Fed. [read post]
25 Sep 2017, 4:09 pm
In a published opinion filed September 19, 2017, the First District Court of Appeal reversed the trial court’s denial of a writ petition challenging defendant California Department of Pesticide Regulation’s (“Department”) approval of label amendments for two pesticides containing an active ingredient toxic to honeybees. [read post]
25 Sep 2017, 4:09 pm
In a published opinion filed September 19, 2017, the First District Court of Appeal reversed the trial court’s denial of a writ petition challenging defendant California Department of Pesticide Regulation’s (“Department”) approval of label amendments for two pesticides containing an active ingredient toxic to honeybees. [read post]
25 Sep 2017, 3:32 pm
Weinstein, Pinson & Riley, P.S., 836 F.3d 808, 815 (7th Cir. 2016). [read post]
25 Sep 2017, 11:19 am
Whether prosecuting or defending fraudulent transfer claims, practitioners should be aware of the types of insolvency contemplated by FUFTA, and the various ways or proving it. [read post]
25 Sep 2017, 6:47 am
…[I]f the foreseeability and gravity of harm posed from a defendant’s conduct, even if ‘open and obvious,’ outweighed the burden on the defendant to engage in alternative conduct to avoid the harm, there is a duty to act with reasonable care. [read post]
25 Sep 2017, 4:28 am
Moreover, defendant claims that when defendant became aware of the outage, plaintiff refused certain access to defendant personnel, again in violation of contract.~ 27; Dkt. 20 at 7 (Addendum). [read post]
25 Sep 2017, 3:00 am
Good, 689 F.3d 714, 723 (7th Cir. 2012), concluded that CAFA applied only to plaintiff classes, not to the defendant class as in this suit. [read post]
25 Sep 2017, 12:00 am
Southwest Airlines, Co., 227 F. [read post]
25 Sep 2017, 12:00 am
Southwest Airlines, Co., 227 F. [read post]
24 Sep 2017, 9:01 pm
This is equally true of the defendant if the defendant should have won but did not and thus unjustly loses the money she should have kept. [read post]
24 Sep 2017, 5:54 pm
September 24, 2017 Alan F. [read post]