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19 Oct 2023, 9:05 pm
The federal judge, however, issued an injunction in September barring the rule from going into effect, determining that the plaintiffs should have individualized protection against the rule until the judicial process is complete. [read post]
19 Oct 2023, 1:28 pm
” Did plaintiffs plead that legal remedies were inadequate? [read post]
19 Oct 2023, 11:55 am
Cases 429 [added to Ch. 2, § 2.8] (ride-share plaintiffs who sued to enjoin enforcement of A.B.5 plausibly alleged that A.B.5 violated the Equal Protection Clause for those in app-based ride-hailing and delivery services, but due process claims were properly dismissed) Perry v. [read post]
19 Oct 2023, 10:15 am
Whether that test was a math test in school, an eye exam, a hearing test, or even a driving test. [read post]
19 Oct 2023, 8:59 am
Galt Joint Union Elementary School District, Lexis Employees Covered by Workers’ Compensation—School District Volunteers—Court of Appeal, affirming trial court’s judgment, held that plaintiff who was seriously injured in fall on 12/4/2015 while volunteering at elementary school spelling bee could not pursue personal injury action against defendant school district, but was limited to workers’ compensation as her exclusive remedy under Labor Code § 3364.5,… [read post]
19 Oct 2023, 8:29 am
” “It is the test for determining the causal relationship between an accident and an ensuing injury. [read post]
19 Oct 2023, 7:07 am
Rather, they "must sufficiently allege '40 hours of work in a given workweek as well as some uncompensated time in excess of the 40 hours.'" While plaintiffs do not have to make an approximation of overtime hours, the Court has also suggested that "an approximation 'may help draw a plaintiff's claim closer to plausibility'" under the Iqbal plausibility pleading test. [read post]
18 Oct 2023, 5:11 pm
“Merck shingles vaccine appeal will test controversial mass torts case management tool”: Alison Frankel’s “On the Case” from Reuters has this post about an appeal that I will be arguing on behalf of the plaintiffs-appellants before a three-judge panel of the U.S. [read post]
18 Oct 2023, 9:00 am
The court then applied the two-part probate exception “test” to each of Plaintiff’s claims and dismissed most of them. [read post]
18 Oct 2023, 7:08 am
The pseudonymous message claimed that the plaintiff leaked the answers to the test. [read post]
17 Oct 2023, 11:08 am
” The term “encourage” comes from the Grokster inducement test, but the court is very clear that it is applying the common law contributory infringement test, not the inducement test. [read post]
17 Oct 2023, 9:23 am
"Plaintiffs want to speak to [these organizations]," the majority wrote, "and whether they may do so under [the statute] depends on what they say. [read post]
17 Oct 2023, 4:16 am
Our firm represents plaintiffs around the United States, and we may be able to recover economic and noneconomic damages on your behalf. [read post]
16 Oct 2023, 12:54 pm
Do plaintiffs win? [read post]
15 Oct 2023, 4:51 pm
Data Privacy and Data Protection Genetic data belonging to approximately 1 million users of genetic testing service 23andMe has surfaced on the dark web. [read post]
14 Oct 2023, 9:15 am
The first test of proving “a reasonable expectancy of entering into a valid business relationship” is not terribly difficult to establish. [read post]
13 Oct 2023, 1:48 pm
Plaintiff's motion argues that under the multi-factor test set forth in Sealed Plaintiff v. [read post]
11 Oct 2023, 11:17 am
FTC, in which the Supreme Court more recently held that a plaintiff’s structural constitutional claim was not preempted by the SEC’s administrative review scheme. [read post]
11 Oct 2023, 10:33 am
” The proper test is the traditional respondeat-superior test: whether the employee was acting in furtherance of her employer’s business and within the scope of her employment at the time she committed the tortious act. [read post]
11 Oct 2023, 5:00 am
The plaintiff’s motion is therefore dismissed. [read post]
