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30 Jul 2024, 10:21 am
“Plaintiff offers nothing to support the elements of fraud. [read post]
30 Jul 2024, 10:10 am
Apart from a jury trial, the ACLU and Butler Curwood seek the following: Compensatory and punitive damages on Zinski’s behalf for $300,000, plus back-pay damages, with pre-judgment interest at the prevailing rate; Equitable relief including reinstatement or front pay; Declaratory relief that declares Liberty University’s Doctrinal Position as a breach of Title VII; An award of attorney’s fees and costs; and Further relief where the plaintiff is… [read post]
30 Jul 2024, 8:52 am
Causation: The breach was a cause of the patient’s injury. [read post]
30 Jul 2024, 8:00 am
McKinney , holding that the government is held to the same high standard as any other plaintiff seeking an injunction? [read post]
30 Jul 2024, 6:00 am
In this action the United States Court of Appeals, Second Circuit, considered the court's scope of jurisdiction in an appeal challenging a federal district court's denial of a defendant's motion for summary judgment that relied on the defendant's claim of qualified immunity. [read post]
30 Jul 2024, 6:00 am
In this action the United States Court of Appeals, Second Circuit, considered the court's scope of jurisdiction in an appeal challenging a federal district court's denial of a defendant's motion for summary judgment that relied on the defendant's claim of qualified immunity. [read post]
30 Jul 2024, 4:05 am
The court, in a unanimous opinion written by Judge Scudder, said in part:We have no trouble concluding that both of these requests are based at least in part on an aspect of the plaintiffs’ religious beliefs. [read post]
29 Jul 2024, 9:06 pm
The “deepened” circuit split the majority identified did not exist, because the only case the plaintiffs claimed was on their side—Judge Jeffrey Sutton’s Sixth Circuit decision in Herr v. [read post]
29 Jul 2024, 9:02 pm
The Supreme Court’s recent decision in Trump v. [read post]
29 Jul 2024, 9:01 pm
As-applied challenges are reviewed under enhanced scrutiny and can—if the balance of the equities so require—result in the board being enjoined from enforcing the bylaw against the specific plaintiff-stockholder bringing the challenge. [read post]
29 Jul 2024, 9:01 pm
The anonymous funding of the Federalist Society’s ‘insourced’ judicial selection effort; the anonymous funding of the Judicial Crisis Network’s judicial confirmation campaigns; the anonymous funding of the strategic litigation shops that bring so many cases behind ‘plaintiffs of convenience’; the anonymous funding of the amicus armada…. [read post]
29 Jul 2024, 7:00 pm
., Plaintiff alleged that she received a text message promoting BADD’s services. [read post]
29 Jul 2024, 5:51 pm
But is Delaware’s dominance genuinely at risk? [read post]
29 Jul 2024, 3:00 pm
For example, last month, we posted about a decision in which a three-judge panel with the Ninth Circuit determined that an “up to” claim reflected the “upper limit” of what consumers could expect and rejected the plaintiff’s assertions that consumers should “always” expect that. [read post]
29 Jul 2024, 11:00 am
These reports can have information that plaintiffs want to help improve their claims. [read post]
29 Jul 2024, 10:00 am
Here’s how you can figure it out. [read post]
29 Jul 2024, 9:46 am
Follow Your New Doctor’s Orders. [read post]
29 Jul 2024, 9:17 am
The plaintiff has brought no fewer than twelve actions against the two defendants before UPC’s local divisions in Mannheim and Munich, in parallel with litigation already underway in Great Britain and new national litigation filed in Germany. [read post]
29 Jul 2024, 9:06 am
Presdent Biden Announces Bold Plan to Reform the Supreme Court and Ensure No President Is Above the LawNo Immunity for Crimes a Former President Committed in OfficeTerm Limits for Supreme Court JusticesBinding Code of Conduct for the Supreme CourtThe NLJ has Biden Rolls Out Lofty Plans to 'Reform' Supreme CourtThe NLJ also has Supreme Court Attorney Deepak Gupta Wants More Competition in Plaintiffs BarLaw360 has How Barrett Became The High Court's Justice… [read post]
29 Jul 2024, 8:55 am
However, in a series of recent sex discrimination cases involving transgender plaintiffs, appellate courts have refused to take anticlassification rules seriously. [read post]