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24 Jul 2024, 8:42 am
" But Plaintiff's "prior actions undercut h[er] position. [read post]
24 Jul 2024, 8:15 am
When a plaintiff fails to "identif[y] a single precedent—much less a controlling case or robust consensus of cases—finding a [constitutional] violation under similar circumstances," he will likely be unable to show that the purported right was clearly established at the time. [read post]
24 Jul 2024, 7:07 am
FTC case denied Plaintiff ATS Tree’s Motion to Stay and Enjoin the FTC’s recent ban on non-compete agreements (the “Final Rule”), because, the Court held, ATS Tree failed to establish irreparable harm and a likelihood of success on the merits. [read post]
24 Jul 2024, 6:41 am
It could be cited in comparative fault claims for having made the plaintiff’s injuries worse than they would have been otherwise. [read post]
24 Jul 2024, 6:41 am
It could be cited in comparative fault claims for having made the plaintiff’s injuries worse than they would have been otherwise. [read post]
24 Jul 2024, 6:09 am
City of Downey (2nd—B326822) Fair Employment and Housing Act—Disability Discrimination—Court of Appeal, affirming trial court’s grant of summary judgment in favor of plaintiff’s former employer City of Downey (City), held that plaintiff who was terminated from his employment after suffering injury while on duty… Federal Circuit Court Opinion of Related Interest Olson v. [read post]
24 Jul 2024, 6:00 am
" Supreme Court granted Retirement Systems motion to dismiss Plaintiff's action as "time barred" and Plaintiff appealed Supreme Court's ruling.Citing Walton v New York State Dept. of Correctional Servs., 8 NY3d 186, the Appellate Division sustained the Supreme Court's decision, noting "where [the] proceeding could have been brought pursuant to CPLR Article 78, the four-month statute of limitations applicable to such… [read post]
24 Jul 2024, 6:00 am
" Supreme Court granted Retirement Systems motion to dismiss Plaintiff's action as "time barred" and Plaintiff appealed Supreme Court's ruling.Citing Walton v New York State Dept. of Correctional Servs., 8 NY3d 186, the Appellate Division sustained the Supreme Court's decision, noting "where [the] proceeding could have been brought pursuant to CPLR Article 78, the four-month statute of limitations applicable to such… [read post]
24 Jul 2024, 5:47 am
Three years after the surviving spouse’s estate was closed, plaintiff had a stroke that left him impaired for several years. [read post]
24 Jul 2024, 4:30 am
Yesterday, a Pennsylvania federal judge denied an employer’s request to enjoin the Rule, concluding that the plaintiff “failed to establish a reasonable chance, or probability, of winning. [read post]
24 Jul 2024, 4:00 am
The court ruled that the plaintiffs may reapply if implementation of the Act’s substantive provisions becomes imminent. [read post]
24 Jul 2024, 12:15 am
(footnote omitted) The Court of Appeal rejected the plaintiff's reliance upon the recent enactment of California Corporations Code Section 119: However, section 119 did not grant the right of ratification to corporations; it merely established a procedure by which such ratifications could occur. [read post]
23 Jul 2024, 11:23 pm
The district court enjoined the law’s enforcement, but the Sixth Circuit reversed, unable to find standing for the organizational plaintiff that did not itself perform drag shows. [read post]
23 Jul 2024, 9:06 pm
As in Cargill, the plaintiffs in VanDerStok do not allege that ATF’s new regulations violate the Second Amendment, but rather they claim that the agency’s new interpretation is unambiguously contrary to federal law. [read post]
23 Jul 2024, 2:51 pm
Because eyes are naturally a focal point of attention, and because the wearer is at the center of the group—the apex of the V formation—the viewer’s gaze is powerfully drawn to Davis’s creation. [read post]
23 Jul 2024, 2:51 pm
The post Upcoming ACUS Webinars: Recent Administrative Law Developments in the Supreme Court: What’s Next for Agencies? [read post]
23 Jul 2024, 1:31 pm
Insufficient Evidence Brown’s defense might argue that the plaintiffs lack sufficient evidence to support their claims. [read post]
23 Jul 2024, 1:31 pm
Insufficient Evidence Brown’s defense might argue that the plaintiffs lack sufficient evidence to support their claims. [read post]
23 Jul 2024, 1:31 pm
Insufficient Evidence Brown’s defense might argue that the plaintiffs lack sufficient evidence to support their claims. [read post]
23 Jul 2024, 1:11 pm
The directors filed a motion to dismiss, arguing that the plaintiff’s oversight duty claimed belonged to the board itself, and that the plaintiff had not made the requisite demand on the board to pursue the claim. [read post]