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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
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
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
§ 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
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]
30 Oct 2023, 4:05 am
The lower court rejected the claim by the plaintiffs. [read post]
29 Oct 2023, 6:39 pm
THE PEOPLE, Plaintiff and Respondent, v. [read post]
29 Oct 2023, 6:15 pm
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
First, the RNC ran an A/B test where it varied the email’s outlinks in its fundraising appeals. [read post]
27 Oct 2023, 11:47 am
The plaintiff, Veronica, made a claim for long-term disability (LTD) benefits with MetLife. [read post]
26 Oct 2023, 12:29 pm
"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]
25 Oct 2023, 1:09 pm
But if the plaintiff cannot, the business judgment rule is the standard of review. [read post]
25 Oct 2023, 11:34 am
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
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
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
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
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
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
Antitrust Matters provides engaging and timely conversations about competition policy in the digital age. [read post]
20 Oct 2023, 3:00 am
The market value test. [read post]