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 (9/8/20; adapted from 3/27/20 Webinar Question 3) If an employer wishes to ask only a particular employee to answer such questions, or to have her temperature taken or undergo other screening or testing, the ADA requires the employer to have a reasonable belief based on objective evidence that this person might have the disease. [read post]
11 Sep 2020, 12:30 am by Sophie Corke
This Kat comes as a 2-for-1 dealAs summer draws to a close, the IPKat continues to offer IP news and views.CopyrightPermaKat Eleonora Rosati gave an overview of the issues at play in AG Hogan's advice to the CJEU to rule that disclosure of evidence containing protected content to a court is not a communication to the public for the purposes of the InfoSoc Directive.Eleonora also explained the legal nature of Article 17 of the Copyright DSM Directive and its… [read post]
10 Sep 2020, 9:05 pm by Joshua Burd
IN THE NEWS A federal court ruled that the U.S. [read post]
10 Sep 2020, 5:03 pm by Eugene Volokh
" In so ruling, the court compared Mai's past commitment to a conviction for domestic violence. [read post]
10 Sep 2020, 10:42 am by Rebecca Tushnet
I note that the application of this rule has made first sale defenses almost unwinnable for unused goods, despite Supreme Court precedent recognizing that used goods are subject to first sale even though they are basically always materially different from unused goods. [read post]
10 Sep 2020, 8:27 am by Stewart Baker
And then it says that doesn’t matter because suppression of the evidence isn’t a remedy and the violation didn’t taint the trial. [read post]
10 Sep 2020, 7:04 am by Yuval Shany
  The guidelines also identify several other relevant factors, including the availability of individualized evidence showing an offense was committed by the specific individual in question, and the way other protesters in the same and in other demonstrations were treated. [read post]
10 Sep 2020, 3:34 am
.'" The Board agreed, but then found the "something more" in Opposer's evidence. [read post]
9 Sep 2020, 9:01 pm by Leslie C. Griffin
Quoting Morrissey-Berru’s reasoning, “What matters, at bottom, is what an employee does,” the court ruled that like other musical ministerial exception cases, Menard was clearly a minister.In a footnote, the court mentioned Menard’s argument that a harassment suit would not be barred by the exception. [read post]
9 Sep 2020, 3:22 pm by Kevin
“Rumpelstiltskin,” of course, refers to Cornelius Rumpelstiltskin, the leader of Dutch resistance to Hapsburg rule during the Counter-Reformation. [read post]
9 Sep 2020, 2:28 pm by Kevin LaCroix
P. 26(2)(B) who will file the report required by that Rule; or If it does not, whether it intends to call Crowdstrike as a witness and expects to present evidence from Crowdstrike pursuant to “Federal Rule of Evidence 702, 703 or 705. [read post]
9 Sep 2020, 8:31 am by Stewart Baker
And then it says that doesn't matter because suppression of the evidence isn't a remedy and the violation didn't taint the trial. [read post]
9 Sep 2020, 6:18 am by Cory Doctorow
" These are rules that are designed to be interpreted by humans -- ultimately by judges. [read post]
9 Sep 2020, 6:16 am by Law Lady
LACY AUSTIN RAY HUTCHENS, Appellee. 5th District.Civil procedure -- Setting of action for trial -- Failure to strictly comply with rule 1.440 -- Final judgment reversed where matter was tried prematurely and not properly noticed for trial. [read post]
9 Sep 2020, 4:46 am by Russell Knight
The Illinois Rules of Evidence are complicated to the layman and the lawyer alike. [read post]