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5 May 2023, 4:45 am
Instead, the comments would be focused on a different employee’s complaints to protect current employees. [read post]
4 May 2023, 6:19 pm
The jury’s verdict may not prevent another plaintiff from filing a similar lawsuit, but it should prevent a thousand plaintiffs from filing a thousand similar lawsuits, and that’s a good thing. [read post]
4 May 2023, 3:10 pm
The plaintiffs seek to proceed as a class action, which means that they would litigate the claims on behalf of similarly situated artists whose copyrights Stability AI allegedly infringed. [read post]
4 May 2023, 12:58 pm
Moriana, 142 S. [read post]
4 May 2023, 11:56 am
Tubis is a partner attorney at Jeffer Mangels Butler & Mitchell LLP and a member of JMBM’s ADA Compliance & Defense Group. [read post]
4 May 2023, 11:37 am
Plaintiffs challenged the Act, alleging violations of the Commerce Clause, First Amendment, and preemption by the Internet Tax Freedom Act. [read post]
4 May 2023, 10:50 am
Where an Tennessee HCLA plaintiff’s HIPAA authorization had an error in the “purpose” section, but the potential defendants only included two physicians who were employed by the third potential defendant health system and plaintiff asserted that the defendant health system was the only potential defendant who possessed any relevant medical records, the Court of Appeals vacated dismissal based on the noncompliant HIPAA authorization and held that… [read post]
4 May 2023, 10:47 am
However, it can be difficult for artists to demonstrate that two jobs are substantially the same in court, where they have the burden of proof as plaintiffs. [read post]
4 May 2023, 10:00 am
., and affirmed the trial court’s ruling in Apple’s favor as to Epic’s Sherman Act claim for restraint of trade relating to Apple’s distribution of apps in its App Store. [read post]
4 May 2023, 8:53 am
If, as I am, you are usually on the defense side of the caption it's important to recognize that the natural inclination of most people is to sympathize with someone who feels aggrieved and that unless they have a good reason to find against the plaintiff you are very likely to lose your case. [read post]
4 May 2023, 8:00 am
That document also provided how the proceeds would be disbursed and indicated that the action was settled “except for the enforcement” of the stipulation’s terms.When they were unable to reach an agreement regarding the re-listing, the plaintiff again sought the court’s intervention (within the context of the same case) and the Supreme Court directed that a broker list the property for sale, and if a buyer wasn’t found within a delineated… [read post]
4 May 2023, 8:00 am
To be successful in a strict liability claim, a plaintiff must prove: The product was defective; The defect was present at the time the product left the manufacturer or seller’s control; The defect caused the plaintiff’s injuries or damages; and The plaintiff was using the product as intended or in a foreseeable way. [read post]
4 May 2023, 7:23 am
.) -- holding that plaintiff’s request for “any records from any . . . component pursuant to” Directive 5300.27 was not reasonably described, and rejecting plaintiff’s attempt in litigation to reframe the scope of its request; further rejecting plaintiff’s argument that the Department failed to notify plaintiff that its request was too vague, as required by Department regulations. [read post]
4 May 2023, 6:42 am
Indeed, where the plaintiffs make a single-brand aftermarket claim, it is up to them to rebut the economic presumption that consumers make a knowing choice to restrict their aftermarket options when they enter into a contract on the competitive market (see Kodak and Newcal). [read post]
4 May 2023, 6:11 am
If the regulation is based on the content of plaintiff's speech, then plaintiff probably wins, since the government cannot control what people can and cannot say. [read post]
4 May 2023, 6:00 am
Plaintiff's Employer [Respondent] contended Plaintiff's injury did not occur as a result of the performance of duties and rejected Plaintiff's application for General Municipal Law §207-c disability benefits. [read post]
4 May 2023, 6:00 am
Plaintiff's Employer [Respondent] contended Plaintiff's injury did not occur as a result of the performance of duties and rejected Plaintiff's application for General Municipal Law §207-c disability benefits. [read post]
4 May 2023, 5:16 am
” The cases were brought by plaintiffs who tragically lost family members in Islamic State attacks. [read post]
4 May 2023, 5:00 am
., the plaintiff employee had worked for the defendant employer for 20 years before his termination. [read post]
4 May 2023, 5:00 am
., the plaintiff employee had worked for the defendant employer for 20 years before his termination. [read post]