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10 Feb 2017, 5:30 am
Michigan is a fairly typical state when it comes to non-compete law, employing a reasonableness test to restrictive covenants. [read post]
9 Feb 2017, 11:15 pm
For example, many Jim Crow-era policies targeting African-Americans were facially neutral, including poll taxes and literacy tests intended to keep blacks from voting. [read post]
9 Feb 2017, 7:31 pm
Thus, the balancing test set forth in F.T.C. v. [read post]
9 Feb 2017, 7:31 pm
Thus, the balancing test set forth in F.T.C. v. [read post]
9 Feb 2017, 7:16 pm
The Court goes into more detail on the first part of the test in Section VI and Section VII. [read post]
9 Feb 2017, 3:42 pm
The plaintiffs wanted to litigate whether the Attorney General had denied a waiver to invited Marxist speakers in violation of the First Amendment rights of the hosts. [read post]
9 Feb 2017, 7:34 am
Ct. 2347 (2014)] test. [read post]
9 Feb 2017, 6:31 am
Petitioner-plaintiff Canandaigua National Bank, the trustee of the Max M. [read post]
9 Feb 2017, 5:30 am
Many trials occurred with mixed results for plaintiffs and defendants, and at a tremendous cost to the parties and the court system. [read post]
8 Feb 2017, 12:04 pm
Plaintiff sued defendant for strict products liability and breach of implied warranties for a fire that broke out in plaintiff’s headquarters. [read post]
8 Feb 2017, 9:38 am
Soc. for Testing Materials v. [read post]
8 Feb 2017, 9:37 am
The driver underwent a drug test but the district did not investigate his potential health issues after the drug test came back negative, the story reports. [read post]
8 Feb 2017, 8:27 am
” Nevertheless, liberal groups have begun their own slate of advertisements, including this one produced by People for the American Way, which argues that Gorsuch puts “powerful interests ahead of the American people” by favoring corporations, upholding religious exemptions that limit access to birth control, and ruling against plaintiffs in discrimination cases. [read post]
8 Feb 2017, 7:30 am
In so holding, the court examined the methodologies used by the plaintiff’s experts and determined that they had been tested, peer reviewed, evaluated in light of potential error rates, and accepted by the general scientific community. [read post]
8 Feb 2017, 5:00 am
However, she felt the majority went too far in setting forth a new seven-part test to “enhance” the Colt factors. [read post]
8 Feb 2017, 1:15 am
What also came up on that call was the question of who has the burden of proof for the "article of manufacture": plaintiff or defendant? [read post]
7 Feb 2017, 2:25 pm
The judge presiding over the trial applied this test, which was reflected in the jury instructions. [read post]
7 Feb 2017, 11:45 am
., No. 653084/13, 2017 WL 442871 (1st Dep’t 2017), approving the settlement of litigation over an acquisition by Verizon Communications (“Verizon”) and articulating a new test to evaluate the fairness of such settlements. [read post]
7 Feb 2017, 10:51 am
First, that the defendant owed a duty to the plaintiff. [read post]
7 Feb 2017, 7:27 am
The district court observed that the purpose of a Rule 12(b)(6) motion is to test the sufficiency of a complaint; the Court “must accept as true all of the factual allegations contained in the complaint,” drawing “all reasonable inferences” in the plaintiff’s favor. [read post]
