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22 Aug 2024, 4:50 am by Robin E. Kobayashi
Bonta Employee Classifications—Motor Carriers/Truck Drivers—Application of “ABC” Test—Federal Preemption—District Court for Southern District of California denied plaintiff motor carriers’ (plaintiffs) motions for preliminary injunction enjoining enforcement of “ABC” test, as outlined in Dynamex Operations West, Inc. v. [read post]
10 Mar 2013, 10:04 pm by Kevin LaCroix
Whether AmEx will prevail and whether that would lead to a test case involving articles of incorporation ad corporate by-laws remain to be seen. [read post]
5 Dec 2022, 7:30 am
The Board observed that Mystery Ranch need not have a proprietary interest in a term for purposes of its Section 2(a) claim; "rather, a Section 2(a) plaintiff has standing by virtue of who the plaintiff is, that is, the plaintiff's personality or persona. [read post]
4 Jan 2022, 3:47 am
“The purpose of the zone-of-interests test is to ‘foreclose[] suit … when a plaintiff’s interests are so marginally related to or inconsistent with the purposes implicit in the statute that it cannot reasonably be assumed that Congress authorized that plaintiff to sue. [read post]
14 Dec 2022, 6:03 pm by kblocher@hslf.org
" All plaintiffs are represented by attorneys in the Animal Protection Law department of the Humane Society of the United States. [read post]
20 Feb 2013, 5:00 pm by Richard Goldfarb
  First, he had the spit tested for DNA and then traced the DNA to a specific employee at the restaurant. [read post]
24 Aug 2021, 8:44 am by Rebecca Tushnet
Substantial similarity: Russell argued that substantial similarity wasn’t the appropriate test in cases involving direct copying [very wrong], but even if that test did apply, there were genuine issues of material fact. [read post]
29 Mar 2024, 4:00 am by Michael C. Dorf
Justice Thomas was implying that under the SG's account of why these plaintiffs lack standing, it's hard to imagine any plaintiff who does have standing.If that's right, is it a problem? [read post]
12 Jul 2016, 10:23 am by Benjamin Wittes, Zoe Bedell
And this may be the suit that ultimately tests whether social media companies have any liability for terrorists’ use of their platforms. [read post]
3 Apr 2012, 1:02 pm by Michelle Yeary
  It applied the risk-utility test to determine whether plaintiff had met his burden on design defect. [read post]
17 Jul 2008, 8:22 pm
  The department asserts that because it is impossible for both plaintiffs to be a parent of the unborn child under this definition, and because no genetic marker test has been performed to reveal the biological father, neither of the plaintiffs can be adjudged to be a parent of the unborn child or be named as a parent on a replacement birth certificate. [read post]
9 Jan 2022, 6:42 am by Kevin LaCroix
At least in the plaintiffs’ lawyers’ telling of the story as depicted in the complaint, Talis was a company that sought to capitalize on the prospects for the completion of its COVID-19 test through its IPO. [read post]
7 Sep 2011, 10:57 am by By Erik Lundegaard
Rosen, a personal injury-plaintiff and appellate lawyer with David Rosen & Associates in New Haven, and a New England/Connecticut Super Lawyers honoree since 2007, got the green light from the 2nd U.S. [read post]
1 Jul 2015, 9:53 am by Mays & Kerr LLC
The employer argued that, since the test the lab completed did not show the men’s propensity for disease, the analysis should not count as a “genetic test. [read post]
29 Oct 2008, 6:03 pm
One of the key virtues of Thom’s test is that he would initially place the burden on the plaintiff to demonstrate an output effect. [read post]
8 Mar 2007, 6:00 am
Ryu of the Hastings Civil Justice Clinic argued on behalf of plaintiff John Paul Murphy. [read post]
6 Jul 2009, 1:41 pm by George Lenard
At the time of this decision by the City, many firefighters competing for the promotions, including the white and Hispanic plaintiffs, had studied for and taken the tests. [read post]
28 Jan 2010, 4:16 am by Second Circuit Civil Rights Blog
Ceballos, 547 U.S. 410 (2006), that the First Amendment does not protect public employee speech made pursuant to the plaintiff's official job duties. [read post]