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21 Jul 2023, 10:32 am
When the other (intervening) case was in the Supreme Court, the Court, in a footnote, expressly declined to decide whether that particular Ninth Circuit test was appropriate or consistent with the test expressed by the Supreme Court.So, Judge Hurwitz (reasonably) says, there's nothing clearly irreconcilable between the two cases, so the panel's bound by circuit precedent and has to reach the fair result.Fair enough.But then what's the point of the Supreme Court… [read post]
21 Jul 2023, 8:55 am by Lawrence Solum
Such cases may be viewed as “common domicile” cases by the anti-abortion state since both plaintiff and defendant reside in the anti-abortion state. [read post]
21 Jul 2023, 6:42 am by beng
These legal subject matter experts work directly with our engineers and product managers to make sure we are building AI tools based on testing and evaluation conducted by lawyers. [read post]
21 Jul 2023, 6:00 am by Jordan Steinberg
When evaluating whether U.S. courts have general jurisdiction over Goodyear, Brown (plaintiff) made a point. [read post]
20 Jul 2023, 10:05 am by Eric Caligiuri
Schreier), the court granted the defendant’s motion to compel and awarded monetary sanctions after the plaintiff failed to respond at all to discovery requests that the plaintiff had objected to as overbroad because the court ruled the plaintiff “still had an obligation to respond to the extent it did not object. [read post]
20 Jul 2023, 8:54 am by Eugene Volokh
" Although these "guideposts" were likewise criticized as insufficiently definite, they at least reflected some attempt to articulate a standard reminiscent of other multifactorial inquires or balancing tests, rather than merely invoking the Court's "constitutional sensibilities" and "general concerns of reasonableness" or the like. [read post]
20 Jul 2023, 6:37 am by Eric Goldman
” (For more, see this story and his own self-analysis using Jordan Peterson’s personality test ). [read post]
19 Jul 2023, 11:41 am by Kevin LaCroix
According to the complaint, in 2020 and 2021, Danaher’s diagnostic tests and life sciences research tools were “widely used to combat the COVID-19 virus. [read post]
19 Jul 2023, 10:38 am by Andreas T. Kaltsounis, Alexander Vitruk
This uncertainty alone is expected to elevate litigation risk for regulated entities as plaintiffs and their counsel test the uncharted waters of the Act. [read post]
19 Jul 2023, 5:15 am by Alexander Vitruk and Andreas Kaltsounis
This uncertainty alone is expected to elevate litigation risk for regulated entities as plaintiffs and their counsel test the uncharted waters of the Act. [read post]
18 Jul 2023, 7:09 am by Eric Goldman
But the SG did not endorse the Seventh Circuit’s approach either or offer a comprehensive test of its own to decide the degree to which contracts can regulate the use of information goods. [read post]
17 Jul 2023, 10:00 pm by Sherica Celine
Find Practical Guidance’s Washington state templates here , including the recently published Drug and Alcohol Testing Policy. [read post]
17 Jul 2023, 9:05 pm by Matthew Lee Wiener
The Court relied on the test established in 1994 in Thunder Basin Coal Co. v. [read post]
17 Jul 2023, 6:15 pm by Aaron Moss
The Court held that the plaintiff photographers’ lawsuit was foreclosed by its 2007 decision in Perfect 10, Inc. v. [read post]