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3 Jun 2024, 5:42 am
First, the court held that a named plaintiff does not have standing to seek injunctive relief where the possibility of imminently sustaining a similar future injury is speculative. [read post]
3 Jun 2024, 5:00 am
Importantly, comparable employment does not mean identical employment, but merely “a comparable position reasonably adapted to [the plaintiff’s] abilities”. [read post]
3 Jun 2024, 5:00 am
Importantly, comparable employment does not mean identical employment, but merely “a comparable position reasonably adapted to [the plaintiff’s] abilities”. [read post]
3 Jun 2024, 4:31 am
How is one to reconcile these two seemingly diverged outcomes? [read post]
2 Jun 2024, 9:05 pm
For example, one common worry about machine learning is its relative opacity. [read post]
2 Jun 2024, 9:05 pm
A unilateral choice-of-law clause does not choose a law to govern the contract at the time of signing. [read post]
2 Jun 2024, 9:01 pm
In other words, does the compulsory nature of jury service (as distinguished from the voluntary element in ballot voting) alter what it means for one’s rights to be “denied or abridged”? [read post]
2 Jun 2024, 7:12 am
That said, there's reason to fear that the drafters still hope to sneak algorithmic quotas into most algorithms without having to defend them. [read post]
2 Jun 2024, 5:08 am
For me, this alternative has the appeal of having the policy’s various clauses operate consistently – as it is now, the inconsistency between the Prior and Pending Litigation exclusion, which does not require service of process, and the Definition of Claim, which does require service of process, is a jarring inconsistency that not only is dissonant but it produces harsh, unsatisfying outcomes like the one here. [read post]
1 Jun 2024, 3:21 am
Even more importantly, if the law can be twisted to get one defendant, it can be twisted to get others. [read post]
31 May 2024, 6:03 pm
The defendants—the Pulaski County Sheriff and the Pulaski County Judge—filed a motion to dismiss the complaint. [read post]
31 May 2024, 5:12 pm
” Doe v. [read post]
31 May 2024, 5:12 pm
One possible defense strategy is to challenge the validity of the arrest itself. [read post]
31 May 2024, 3:17 pm
Under this rule, the erroneous admission of evidence that does not result in a constitutional error will be disregarded (as though it did not happen) if the error did not affect the defendant’s substantial rights. [read post]
31 May 2024, 12:30 pm
But there's no evidence that any juror had any idea the defendant was wearing one here. [read post]
31 May 2024, 11:58 am
And the court denied review to a group of 13 much-relisted cases that raised the question whether felony defendants have a constitutional right to a 12-person jury rather than just a six-person one. [read post]
31 May 2024, 10:51 am
” In other words, the defendant is smart enough to know what he is doing is risky, but he presses on and does it anyway. [read post]
31 May 2024, 10:44 am
For example, dealmakers at IPValue points out that “one of the fundamental principles of U.S. patent law is that each claim of a patent is its own independent invention, and the fact that one claim is found invalid does not necessarily reflect on the validity of any other claim in the patent. [read post]
31 May 2024, 9:53 am
What kind of sentence does this carry? [read post]
31 May 2024, 7:00 am
This later judge “conclude[d] that the defendants in this case are not entitled to combatant immunity. [read post]
