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9 Dec 2022, 3:35 pm by Anthony Zaller
The trial court reasoned that because the State of California is the real plaintiff in interest in a PAGA action, it is the consent of the State, and not of the named employee plaintiff, that is required to compel arbitration. [read post]
8 Dec 2022, 12:39 pm by Ashley Belanger
” Lead plaintiffs in the class-action lawsuit are Miami-based Carolina Bernal Strifling, who worked at Twitter for seven years, and California-based Willow Wren Turkal, an engineer who joined Twitter in 2021 after four years at Facebook and LinkedIn. [read post]
8 Dec 2022, 5:48 am by Eugene Volokh
[P]roviding persons with such information is declared to be an essential function of a representative government …. [read post]
1 Dec 2022, 4:00 am by Howard Friedman
[P]laintiff’s Establishment Clause claim is not only based on a Bivens claim not yet recognized by the Supreme Court, but also on the “faulty premise” that “scienticsm” is a religion. .... [read post]
29 Nov 2022, 11:02 pm by Samuel Bray
Third, the legal theory can require vacatur: that is, if the plaintiffs are challenging the rule or other agency action on grounds that would suggest it is invalid as to everyone, then the remedy should have the same scope as the legal theory. [read post]
29 Nov 2022, 4:22 am by Chip Merlin
Co., 280 P.3d 649, 657-58 (Colo. 2012) (acknowledging that reserves, settlement authority, and liability assessments and fault evaluations underlying those figures, might be discoverable in first-party actions alleging bad faith); Silva v. [read post]
28 Nov 2022, 10:53 am by Bob Ambrogi
Flip a couple DIP switches on the keyboard to put it into programming mode, then easily create a macro, such as “Fn+p” to enter the word plaintiff. [read post]
28 Nov 2022, 10:26 am by Rebecca Tushnet
” Evenflo argued that the plaintiffs’ proposed alternatives were implausible because plaintiffs plausibly “forgo buying [any] car seat, given that the use of a car seat is required by law in each state where the [p]laintiffs reside. [read post]
25 Nov 2022, 3:30 am by Ronen Avraham
Such is Yehuda Adar’s and Ronen Perry’s (hereinafter A&P) new paper titled: Negligence Without Harm, which argues that victims could sue and receive remedies for a tort of negligence even if they have not suffered any harm. [read post]
23 Nov 2022, 2:12 pm by Eugene Volokh
" The court rejected (at least at this stage, which involved a request for a temporary restraining order) plaintiff's argument that the rule was unconstitutionally vague: Plaintiffs argue that the two criteria under which the County denied a press pass to Mr. [read post]
23 Nov 2022, 6:42 am by Eric Goldman
P. 11 by failing to conduct an adequate investigation into what his client was telling him. [read post]