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10 Oct 2023, 2:04 pm by Eugene Volokh
If a PhD student fails four or more content areas, the student is deemed to have failed the entire exam and must re-take the exam at the next available testing date. [read post]
10 Oct 2023, 9:29 am by Eugene Volokh
The Fifth Circuit endorsed the "four factor test" previously relied upon by the Second and Ninth Circuit Courts of Appeal. [read post]
10 Oct 2023, 7:42 am by Richard Frank
Johns River Water Management District, the Supreme Court held that its two-part “unconstitutional conditions” takings test was not limited to government exactions of interests in private land, but also extends to monetary exactions intended to further a comparable public purpose. [read post]
10 Oct 2023, 7:08 am by Eugene Volokh
First, Justice Brennan in New York Times, arguing for the "actual malice" test: "Cases which impose liability for erroneous reports of the political conduct of officials reflect the obsolete doctrine that the governed must not criticize their governors…. [read post]
9 Oct 2023, 12:24 pm by Rebecca Tushnet
Here, the plaintiff alleged that Stoma made/caused others to make false statements that the Capt-all was tested and found to be an amalgam separator when it knew that Capt-all did not meet the regulatory definition of an amalgam separator. [read post]
9 Oct 2023, 12:09 pm by Rob Bohn
Closure and finality: Statutes of limitations offer a sense of closure for both plaintiffs (injured parties) and defendants (at-fault parties). [read post]
9 Oct 2023, 6:00 am by DONALD SCARINCI
One group (Caster plaintiffs) challenged HB1 as invalid under Section 2, while another group (Milligan plaintiffs) brought claims under Section 2 and the Equal Protection Clause of the Fourteenth Amendment. [read post]
8 Oct 2023, 10:37 am by Kevin LaCroix
One particular insight the memo offers that is worth noting is the role of U.S. plaintiff law firms in the rise of collective actions in the UK and in the EU. [read post]
6 Oct 2023, 2:19 pm by John Ross
"We understand [the plaintiff's] frustration" is not the kind of thing that plaintiffs like to hear from a court. [read post]
6 Oct 2023, 9:28 am by Allan Blutstein
Okla.) -- holding that agency’s belated response to plaintiff’s request warranted no after-the-fact remedy, and that the agency demonstrated the adequacy of its search. [read post]
6 Oct 2023, 9:00 am by Zak Gowen
District Judge Jeffrey White said the plaintiffs could try to prove that Apple violated the federal Sherman antitrust law by enforcing a 100% monopoly over the domestic market for tap-and-pay wallets for iPhones, iPads and Apple Watches. [read post]
6 Oct 2023, 7:00 am by M@jux-@dmin
When it comes to the admissibility of expert witness testimony in Arkansas, the Daubert test is followed. [read post]
5 Oct 2023, 2:38 pm by John Elwood
Trevino seeks to test the limits of that exception. [read post]
4 Oct 2023, 4:30 pm by INFORRM
The test of reference/identification is wholly objective: Economou [11]; Lachaux v Independent Print Ltd [2016] QB 402, [2015] EWHC 2242 (QB) (30 July 2015) [15]; and Monir [96]. [read post]
3 Oct 2023, 9:05 pm by renholding
Baltimore line, plaintiffs have used various legal tactics, including filing complaints with the Federal Trade Commission for Green Guides violations. [read post]