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28 Dec 2016, 9:04 am
In April 2014, plaintiff David Alvarez plummeted from a rock climbing wall at LifeTime Fitness Center in Novi, Michigan. [read post]
27 Dec 2016, 1:32 pm
” [citation]” By contrast to the “fair argument” test recited above, under the “more deferential test [applied] to an agency’s decision not to prepare a further EIR under section 21166 … [that] decision … is upheld if it is supported by substantial evidence in the agency’s record. [read post]
27 Dec 2016, 10:59 am
The allegations in the plaintiffs’ complaint are troubling. [read post]
27 Dec 2016, 9:31 am
The Seventh Circuit concluded that the determination of employee status was not solely dependent on application of a fact-intensive, multi-factor test (see, e.g., the Second Circuit’s test applicable to unpaid interns), but also could rest on a more flexible standard based the “economic reality” of the relationship. [read post]
27 Dec 2016, 4:24 am
Nowadays, when a consumer buys a product, they assume that it has gone through sufficient testing and that it will be safe to use for its intended purpose. [read post]
26 Dec 2016, 8:13 pm
Issues: (1) Whether a defendant’s general business contacts or sporadic and involuntary contacts in the forum state that have no causal connection to the plaintiff’s cause of action can establish specific personal jurisdiction consistent with the Due Process Clause; and (2) whether, under the “effects test” described in Calder v. [read post]
26 Dec 2016, 9:35 am
Plaintiffs sue a defendant that does not exist. [read post]
26 Dec 2016, 4:30 am
2016 - it's been another frantic copyright year - and buzz words and themes for the twelve months included 'the value gap' between the content industries and the technology giants, linking, that 'new public', fair use, 'transformative' art, and the ongoing reform of copyright laws - in Europe, and in particular reforms to the Digital Millennium Copyright Act in the USA. [read post]
26 Dec 2016, 3:34 am
IE Test, LLC v Carroll, 2016 WL 4086260 [NJ Sup Ct Aug. 2, 2016], an important ruling by the New Jersey Supreme Court in which it reversed the lower court’s judicial expulsion of an LLC member under a narrowed construction of that state’s enabling statute mirroring the Revised Uniform LLC Act’s expulsion provision. [read post]
25 Dec 2016, 5:45 pm
The first part of the test under s. 137.1(4)(a) is unlikely to be affected considerably. [read post]
24 Dec 2016, 7:58 am
In this particular lawsuit, the plaintiff is seeking $50,000 or more and any additional relief the court or a jury finds are in the interest of justice. [read post]
23 Dec 2016, 6:39 am
On the other hand, with a resounding “no,” the Fifth Circuit has quashed any lingering doubt about whether a Thompson-style “zone of interests” test applies under the FLSA. [read post]
22 Dec 2016, 11:03 am
The following is a series of questions posed by Ronald Collins on the occasion of the publication of “My Own Words” by Ruth Bader Ginsburg with Mary Hartnett and Wendy W. [read post]
22 Dec 2016, 7:08 am
Stainless, LP, which applied the zone of interests test for determining who may bring a Title VII retaliation claim. [read post]
22 Dec 2016, 4:28 am
” It further noted that prevailing plaintiffs and prevailing defendants should not be treated differently when it comes to awarding fees. [read post]
21 Dec 2016, 6:48 pm
” “Take the percentage of time test and set the bar higher? [read post]
21 Dec 2016, 6:48 pm
” “Take the percentage of time test and set the bar higher? [read post]
21 Dec 2016, 8:09 am
In its first brief, the DOL argued that the lower court erred in questioning the lawfulness of the salary basis test for overtime. [read post]
21 Dec 2016, 5:57 am
* "The Department’s actions violate law and are contrary to basic principles of fairness and deeply damaging to the critical public service missions of these plaintiffs and the ABA. [read post]
20 Dec 2016, 9:47 pm
Plaintiffs OPHCA, LLC, and Clifford and Olga Orloff had been in the business of buying, renovating, and leasing apartment buildings and owned a distressed 18-unit residential property built in 1925, near the University of California at Berkeley. [read post]
