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17 Mar 2017, 12:17 pm
Before terminating the plaintiff’s contract, the defendant had supplied Wal-Mart a supplier agreement, Wal-Mart had tested the product, and Wal-Mart and the defendant had agreed on the price for the product. [read post]
17 Mar 2017, 12:10 pm
The Friends of Lydia Ann Channel (Plaintiff) filed the lawsuit against the U.S. [read post]
17 Mar 2017, 10:19 am
In so holding, Court established a test to determine whether a program is educational, asking whether it is structured as an educational program, allows participants to obtain a degree or certification or qualify for an examination, has instruction, tests, or grades, accepts tuition, and is promoted as educational. [read post]
17 Mar 2017, 5:50 am
Further, at least one of those manufacturers, Honda, was reportedly closely involved in the design of the airbags during the testing phase as far back as 1999. [read post]
17 Mar 2017, 5:02 am
Plaintiffs say this mess has resulted in the loss of both their parents, essentially. [read post]
17 Mar 2017, 4:04 am
David Breemer weighs in on Murr, arguing that if “the government can get around its duty to compensate when denying all use of a piece of property by aggregating all property owned by a plaintiff (ignoring lot lines) to create a bigger area that has some use as a whole, many Americans with multiple lots will lose constitutional protections. [read post]
17 Mar 2017, 3:23 am
Legal tests are omnipresent in our profession, and IP is no exception. [read post]
16 Mar 2017, 9:30 pm
Department of Labor (DOL) in August 2016 that limits who can be subjected to a drug test when applying for unemployment benefits. [read post]
16 Mar 2017, 6:24 pm
Granting plaintiffs’ motion for a temporary restraining order in Hawaii v. [read post]
16 Mar 2017, 12:21 pm
When an EIR has not been prepared to analyze the potential environmental effects of the local agency’s action, a CEQA plaintiff with standing who files suit within the law’s short limitations periods will also receive a very favorable standard of judicial review – the “fair argument” test – in the quest to invalidate the local land use action and require further environmental review. [read post]
16 Mar 2017, 7:31 am
” Plaintiffs will presumably appeal this dismissal. [read post]
16 Mar 2017, 4:43 am
Watson found the revised EO’s careful tailoring insufficient to withstand the plaintiffs’ Establishment Clause challenge. [read post]
15 Mar 2017, 10:22 am
We are keen to learn how the “modified” procedure with a less strict schedule and with more flexibility on the court’s side will work out in practise and how it will stand the test against the UPC procedure. [read post]
15 Mar 2017, 7:48 am
At that point, the plaintiff disclosed that she would not pass the test because of her lawful use of medical marijuana. [read post]
15 Mar 2017, 2:00 am
The IARC report said glyphosate caused cancer in lab tests involving animals. [read post]
15 Mar 2017, 2:00 am
The IARC report said glyphosate caused cancer in lab tests involving animals. [read post]
15 Mar 2017, 1:18 am
Trial court granted plaintiff’s motion to instruct the jury on the loss of chance doctrine, and found that a but-for causation standard was appropriate (rather than the substantial factor test, which is less stringent). [read post]
Elements of Proof for Fraudulent Transfers in Florida: How to Determine if a Transfer Was Fraudulent
14 Mar 2017, 9:01 am
Florida courts have held that to establish a prima facie case of actual fraud, a plaintiff must prove (1) there was a creditor to be defrauded; (2) there was a transfer of property that could have been applied to payment of the debt due; and (3) there was a debtor intending fraud. [read post]
14 Mar 2017, 6:52 am
Likewise, the MHRA has a “business necessity” provision for disability discrimination claims, but does not explicitly state that the business necessity test applies to age discrimination. [read post]
14 Mar 2017, 6:45 am
We plaintiff employment lawyers would welcome both pieces of legislation as long overdue and reasonably tailored to protect Connecticut’s workforce. [read post]
