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30 Apr 2024, 6:45 pm by Mark Ashton
The opinion notes that standing is not a best interest-based test but an objective one. [read post]
30 Apr 2024, 10:18 am by Eric Goldman
For example, Plaintiffs routinely assert that the defendant “endorsed” or “adopted” the third-party statements at issue as a reason to overcome Section 230. [read post]
30 Apr 2024, 6:00 am by Moll Law Group
Billions have been recovered in cases we’ve handled; we represent plaintiffs around the country. [read post]
30 Apr 2024, 5:38 am by Eugene Volokh
Tex.): Plaintiff John Sabal started his own business, The Patriot Voice, to organize conservative political events. [read post]
29 Apr 2024, 9:36 am by Rebecca Tushnet
But Steele is “outdated” and the new test gives no weight to Steele’s considerations. [read post]
29 Apr 2024, 8:34 am by Philip Pillsbury
Disputes over whether a plaintiff has waived privilege can be especially difficult in federal court, where there is no single test to determine waiver. [read post]
29 Apr 2024, 8:11 am by Tim K. Garrett and Maja Hartzell
Applying this standard to the case at hand, Justice Kagan held that Muldrow’s allegations, if properly supported, meet the clarified test “with room to spare. [read post]
29 Apr 2024, 7:58 am by Amy Howe
Horn, the Supreme Court agreed to decide whether a commercial truck driver who lost his job after he failed a drug test can bring a claim under federal racketeering laws against the makers of the product that he says was responsible for that failed test. [read post]
28 Apr 2024, 11:33 am by admin
Baxter Healthcare Corporation, 428 Mass. 1 (1998)): Although there was conflicting testimony at the Oregon hearing as to the necessity of epidemiological data to establish causation of a disease, the judge appears to have accepted the testimony of an expert epidemiologist that, in the absence of epidemiology, it is ‘sound science…. to rely on case reports, clinical studies, in vivo tests and animal tests. [read post]
28 Apr 2024, 7:30 am by Jehl Law Group, PLLC
Breach of duty: Next, the plaintiff must prove that the medical professional breached this duty of care, acting in a negligent or incompetent manner that deviates from the standard of care. [read post]
27 Apr 2024, 12:16 pm by Russell Knight
Promissory Estoppel In An Illinois Divorce “To establish a claim based on promissory estoppel, plaintiff must allege and prove that (1) defendants made an unambiguous promise to plaintiff, (2) plaintiff relied on such promise, (3) plaintiff’s reliance was expected and foreseeable by defendants, and (4) plaintiff relied on the promise to its detriment. [read post]
26 Apr 2024, 5:22 pm
  But the unconscionability tests applied by our courts generally align with those in Texas and elsewhere. [read post]
26 Apr 2024, 9:08 am by John Elwood
Horn lost his job as a commercial truck driver after a drug test he took reflected the presence of tetrahydrocannabinol (“THC”), the active chemical compound in marijuana. [read post]
24 Apr 2024, 9:01 pm by Vikram David Amar
If a hypothetical ordinance obviously implicating complex equal protection doctrine asks you to identify arguments that a plaintiff might make against the ordinance’s constitutionality and opine about whether they should/will prevail, don’t spend time observing (no matter how true the observation might be) that plaintiff could argue that the ordinance violates the Third Amendment’s ban on the quartering of troops, but that argument would be a loser.Suggestion… [read post]
24 Apr 2024, 5:57 am by Norman L. Eisen
This autocracy threat tracker is also available as a PDF file. [read post]
23 Apr 2024, 5:36 pm by Yosi Yahoudai
“When we got the negative (test result), that was really devastating. [read post]
23 Apr 2024, 4:00 am by Guest Blogger
This mediator did suggest that sometimes the videos told a great story about the plaintiffs and led to accelerated settlement. [read post]