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30 Nov 2023, 10:00 am
In the Ninth Circuit, this analysis is part of the extrinsic test, which is used in the determination of substantial similarity. [read post]
30 Nov 2023, 9:00 am
This is traditionally known as the “eggshell skull” rule, using the hypothetical example of a plaintiff injuring their skull made of eggshell. [read post]
30 Nov 2023, 6:00 am
The Appellate Division unanimously affirmed, without costs, a ruling by Supreme Court which denied the Plaintiff's petition to annul a determination of the City of New York Reasonable Accommodation Appeals Panel [Citywide Panel] denying [1] Plaintiff's request for a reasonable accommodation from the New York City Board of Education's [DOE] COVID-19 vaccine mandate, [2] Plaintiff's motion for limited discovery, and [3] dismissed the proceeding… [read post]
30 Nov 2023, 6:00 am
The Appellate Division unanimously affirmed, without costs, a ruling by Supreme Court which denied the Plaintiff's petition to annul a determination of the City of New York Reasonable Accommodation Appeals Panel [Citywide Panel] denying [1] Plaintiff's request for a reasonable accommodation from the New York City Board of Education's [DOE] COVID-19 vaccine mandate, [2] Plaintiff's motion for limited discovery, and [3] dismissed the proceeding… [read post]
30 Nov 2023, 4:00 am
His answer turned on the different tests the Court has articulated for whether a case can be heard in an agency at all (which is about the implications of Article III) versus for when a jury is required in federal court (which is about the Seventh Amendment). [read post]
29 Nov 2023, 1:12 pm
The Supreme Court must now decide the proper test for lower courts to apply when determining if a prompt post-deprivation hearing is warranted. [read post]
28 Nov 2023, 12:26 pm
The Injury Resulted in Damages Lastly, the plaintiff has to demonstrate that the injury resulted in damages. [read post]
28 Nov 2023, 12:26 pm
The Injury Resulted in Damages Lastly, the plaintiff has to demonstrate that the injury resulted in damages. [read post]
28 Nov 2023, 12:26 pm
The Injury Resulted in Damages Lastly, the plaintiff has to demonstrate that the injury resulted in damages. [read post]
28 Nov 2023, 7:27 am
Now suppose Congress creates specialized Article III courts and gives them jurisdiction over cases where plaintiffs lack standing, or that fall outside the Article III jurisdictional categories. [read post]
27 Nov 2023, 6:02 am
The Court of Appeals (Lohier, Nardini and Robinson) reverses the trial court in holding the officers have "arguable probable cause," which is the test in immunity cases in the false arrest context. [read post]
27 Nov 2023, 2:52 am
The court concluded that the trial court erred by applying the aggrieved party test to assess standing and failed to consider the plaintiffs’ right to initiate a nuisance action under § 11.04 of the Township ordinance. [read post]
24 Nov 2023, 10:18 am
Causation involves establishing that the deviation from the standard directly resulted in the injuries or adverse outcomes experienced by the plaintiff. [read post]
24 Nov 2023, 10:18 am
Causation involves establishing that the deviation from the standard directly resulted in the injuries or adverse outcomes experienced by the plaintiff. [read post]
24 Nov 2023, 10:18 am
Causation involves establishing that the deviation from the standard directly resulted in the injuries or adverse outcomes experienced by the plaintiff. [read post]
22 Nov 2023, 11:08 am
In the waning days of 2022, New York Governor Kathy Hochul vetoed the New York State Freelance Isn’t Free Act bill (S 8369B) that had been awaiting her action for over six months. [read post]
22 Nov 2023, 10:51 am
In Murray, the court held a four-week evidentiary hearing on the plaintiff’s expert witness testimony, ultimately holding that some of the expert testimony would be admissible under the Frye standard. [read post]
22 Nov 2023, 6:40 am
This state-of-mind test applies in other Circuits, and now it applies in the Second Circuit. [read post]
21 Nov 2023, 1:09 pm
One thing I will say about this lawsuit is that when the day comes for the sufficiency of the allegations in the complaint to be tested, the court will have to look long and hard to find anything that even arguably would satisfy the plaintiffs’ obligation to plead scienter. [read post]
21 Nov 2023, 11:08 am
DoNotPay, was voluntarily dismissed by the plaintiff last month after the judge sent it to arbitration in July. [read post]
