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30 May 2020, 5:02 am by Eugene Volokh
" … To survive summary judgment, a [retaliation] plaintiff must at least establish a "prima facie case" by showing that: (1) she engaged in protected Title VII activity; (2) the defendant knew of this protected activity; (3) the defendant took adverse employment action against her; and (4) there was a causal connection between the protected activity and the adverse action. [read post]
29 May 2020, 4:06 pm by Eugene Volokh
{[As to item 2], [t]he parties dispute whether the Governor's order imposes such a ban at all. [read post]
29 May 2020, 2:43 pm
When someone takes out a loan and then admits they don't repay it, it's not surprising that (1) the trial court will find in favor of the plaintiff suing for the loan, and (2) the Court of Appeal will affirm.The defendant (Mr. [read post]
29 May 2020, 6:46 am by Written on behalf of Peter McSherry
We can guide you through the issues, help you understand your rights, and defend your position. [read post]
29 May 2020, 6:46 am by Written on behalf of Peter McSherry
We can guide you through the issues, help you understand your rights, and defend your position. [read post]
(2) Does the Federal Power Act preempt state court challenges to an environmental impact report prepared under the California Environmental Quality Act in order to comply with the federal water quality certification under the federal Clean Water Act? [read post]
28 May 2020, 3:07 pm by Townsend Bourne and Nikole Snyder
However, DOD does not plan to include the CMMC requirement in existing contracts via contract modifications. [read post]
28 May 2020, 2:28 pm by Daphne Keller
For each, I will discuss potential consequences for (1) platforms’ immunities, (2) platforms’ content moderation practices, (3) users’ fundamental rights, and (4) competition and innovation. [read post]
28 May 2020, 1:27 pm by Adam Schwartz
So EFF filed an amicus brief arguing that Maine’s law does not violate the First Amendment. [read post]
28 May 2020, 11:54 am by Rebecca Tushnet
The laches period starts to run when “the plaintiff knew or should have known” of the defendant’s wrongful conduct. [read post]
28 May 2020, 5:29 am by Schachtman
The Flawed Application of a Generally Accepted Methodology If a meretricious expert witness by pretense or ignorance invokes a standard methodology but does so in a flawed or distorted, or in an invalid way, then there will be a clear break in the chain of inferences from data to conclusion. [read post]
28 May 2020, 12:05 am by Léon Dijkman
Regardless, the court held that it had jurisdiction to hear the case against all defendants because (1) there was a Dutch defendant – Nestlé BV – and (2) the claims against all defendants are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments [as per Art. 8(1) Brussels II-Reg]. [read post]
27 May 2020, 2:17 pm by Kevin LaCroix
”   In a May 15, 2020 press release (here), the company announced that it had discovered an antibody that had “demonstrated 100% inhibition of SARS-CoV-2 virus infection. [read post]
27 May 2020, 1:49 pm by Russell A. Miller
In part, the government defended the BND’s foreign operations by arguing that the Basic Law does not have extraterritorial effect. [read post]
27 May 2020, 1:49 pm by Russell A. Miller
In part, the government defended the BND’s foreign operations by arguing that the Basic Law does not have extraterritorial effect. [read post]