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31 Oct 2023, 11:39 am
That's plaintiff's much better argument.The majority nonetheless rejects it, holding that, as a matter of California constitutional law, the Free Speech Clause doesn't apply to properties in which paid admission is required (unlike, say, a shopping mall).Judge VanDyke dissents, saying that the majority's test doesn't actually derive from any California cases. [read post]
30 Oct 2023, 3:26 pm by Greg Lambert
On a special “on location” episode of The Geek in Review, Greg Lambert sits down with ⁠vLex⁠’s ⁠Damien Riehl⁠ for a hands-on demonstration of the new generative AI tool called Vincent AI. [read post]
30 Oct 2023, 2:09 pm by Patrick J. McMahon
As we have written about previously, BIPA’s requirements are exacting, and BIPA plaintiffs do not need to prove actual damages. [read post]
30 Oct 2023, 1:32 pm by Marcia Coyle
§ 1983, which authorizes a plaintiff to sue a person acting “under color of ” law for violations of the Constitution or federal law. [read post]
30 Oct 2023, 9:51 am by Amy Howe
It explained that no matter what test applies to determine whether a public official’s conduct is the kind of state action that can violate the Constitution, the main question for a court is whether the violation of rights that a plaintiff is alleging “is fairly attributable to the government. [read post]
29 Oct 2023, 6:15 pm by Franklin C. McRoberts
In both cases, the courts applied the following three-part test to determine whether punitive damages are unconstitutional: (1) the degree of reprehensibility of the defendant’s misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases. [read post]
29 Oct 2023, 11:26 am by Eric Goldman
First, the RNC ran an A/B test where it varied the email’s outlinks in its fundraising appeals. [read post]
26 Oct 2023, 12:29 pm by Neil H. Buchanan
"In any event, The Post's article notes that, if the plaintiffs lose this and a series of similar cases, the company "could continue deploying the evolving technology with few legal consequences or regulatory guardrails. [read post]
Subsequently, the Constitutional Court carried out a proportionality test on the RENIEC’s decision to initially deny the plaintiff’s request, in order to determine whether the right to name, nationality and equality of Ricardo Moran’s children were being violated under the existing civil law stipulating that a father must indicate the identity of the mother to be authorized to register their children. [read post]
25 Oct 2023, 10:42 am by Christopher Ernst
   But what about the prejudice created to a defendant where the plaintiff invoked court jurisdiction for a preliminary injunction and then wants to go to arbitration? [read post]
25 Oct 2023, 4:30 am by Barry Barnett
Submit=Display&Path=Y2023/D10-13/C:22-2905:J:Easterbrook:aut:T:fnOp:N:3116695:S:0 Stock buyer who sued for securities fraud could not appeal order granting motion to dismiss complaint of pension fund the court named as lead plaintiff under PSLRA. http://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl? [read post]
23 Oct 2023, 6:49 am by Second Circuit Civil Rights Blog
The federal court dismissed that claim under Rule 12 under the stringent Iqbal pleading test, created by the Supreme Court in 2009 to required plaintiffs to assert plausible and nonconclusory claims. [read post]
21 Oct 2023, 9:34 am by INFORRM
In reaching such conclusion, the court tailored a seven-criteria test which is to be applied in right to be forgotten case. [read post]
20 Oct 2023, 2:16 pm by Eugene Volokh
Under a straightforward application of the test we use in deciding whether to grant a stay, the Government's application should be denied. [read post]
20 Oct 2023, 8:19 am by Dan Lopez
Antitrust Matters provides engaging and timely conversations about competition policy in the digital age. [read post]