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13 Aug 2010, 8:12 am by Second Circuit Civil Rights Blog
So when the white plaintiffs in this case unsuccessfully sought these positions in 2004, they were denied those positions even thought "their civil service test scores were higher than those of at least five candidates hired from the 'black list.'"Plaintiffs are entitled to a trial on their claims brought under Title VII and Section 1981, which prohibits racial discrimination in employment. [read post]
28 Sep 2020, 12:12 pm by Bilodeau Capalbo, LLC
The high court evaluated the balancing test applied by the town in making its decision, and ruled that the town followed the law and was within its discretion to determine that approving the proposed development was in the town’s best interest. [read post]
20 Mar 2012, 6:47 am by Woodrow Pollack
Plaintiff next tried specific jurisdiction, which involves a three-prong test: (1) defendant purposefully directed its activities at the residents of Florida; (2) the claim arises out of or is related to those activities; and (3) asserting personal jurisdiction is reasonable and fair. [read post]
8 Aug 2011, 5:47 am by Second Circuit Civil Rights Blog
The limited group of plaintiffs (known as test plaintiffs) in this case include Housing Patrol Unit Sergeants, Bike Unit Sergeants and Anti-Crime Unit Sergeants and Street Narcotic Enforcement Unit Sergeants. [read post]
14 Jun 2011, 11:52 am by Daniel E. Cummins
Finding that the defendants met the elements of this test, the court granted defendants' motion for entry of judgment non pros due to inactivity. [read post]
12 Feb 2024, 7:11 am by Steven Cohen
First, the plaintiff argued that Wagner did not disclose a test or methodology for which her expert opinions are based. [read post]
20 Jan 2011, 9:40 am by Abbott & Kindermann
The plaintiffs purchased property that was already burdened by the rent control ordinance, and plaintiffs had no expectation that the rent control ordinance would be lifted at some future date. [read post]
1 Feb 2010, 10:51 am by Michael Baseluos
One potential downfall is that a defendant physician must have his principles tested according to the basic teachings of the school to which he belongs. [read post]
1 Apr 2010, 11:02 pm by Michael Baseluos
Initially, despite the plaintiff's expert credentials, the plaintiff's expert was not allowed to testify due to alleged unreliable testimony. [read post]
9 Sep 2010, 2:41 pm by Narendra Ghosh
  The plaintiff did not trip on something; she simply stumbled and fell. [read post]
29 Nov 2022, 3:09 pm by Cynthia Marcotte Stamer
A California attorney known for his filing of thousands of disability discrimination lawsuits under the Americans with Disabilities Act of 1990 (“ADA”) with himself as the plaintiff plead guilty November 29 to filing a false tax return on which he underreported the income he earned from many of those lawsuits. [read post]
4 Jun 2012, 9:36 pm by Charles Bieneman
  An Illinois court, swayed in part by the fact that a paper software license had also been presented in a click-wrap agreement, enforced a forum selection clause in the license agreement that the plaintiff-licensee had contended was unenforceable and unreasonable. [read post]
11 Jul 2012, 8:29 am by Mathew D. Dudek
Hallberg, the plaintiffs purchased assets of several insurance companies owned or controlled by James Hallberg, and subsequently hired Hallberg to become the company’s new president. [read post]
23 Sep 2010, 9:25 am by Diane Polscer
Farmers Insurance Company of Oregon, SC S057895 (September 16, 2010), the Oregon Supreme Court considered “what is a ‘roof’ within the meaning of plaintiffs’ homeowners’ insurance policy. [read post]
17 Oct 2017, 9:01 pm by Michael C. Dorf
The plaintiffs have sought review by the Supreme Court.Meanwhile, in the 2011 DC Circuit case itself, Judge Kavanaugh argued in dissent that neither strict nor intermediate scrutiny should apply. [read post]
25 Apr 2011, 7:43 am by Rebecca Tushnet
A multistep test not just a multifactor test? [read post]