Search for: "Test Plaintiff"
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7 Jul 2023, 6:19 am
The plaintiff worked for the Post Office and wanted to take off on Sunday for religious observance. [read post]
6 Jul 2023, 8:21 pm
” However, it explained that in assuming the less restrictive de minimis standard test applied, the lower court “may have. . . dismiss[ed] a number of possible accommodations [for the plaintiff],” including offering incentive pay to other employees to work on Sundays, or coordinating with other nearby post office branches who had more employees. [read post]
6 Jul 2023, 4:15 pm
The Court looked at the Rowland factors — a multifactor test articulated in 1968’s Rowland v. [read post]
6 Jul 2023, 1:53 pm
The Court then turned to the third issue and reviewed it as a question of law that did not require deference to the administrative decision below and was guided by a two-prong test in their analysis. [read post]
6 Jul 2023, 8:03 am
Substantive due process relates to circumstances in which the plaintiff has been deprived of "life, liberty, or property without due process. [read post]
5 Jul 2023, 11:25 am
Gerald Groff, the plaintiff in Groff, was an evangelical Christian rural postal carrier employed by the United States Postal Service (“USPS”) in Pennsylvania. [read post]
4 Jul 2023, 10:59 pm
Ultimately, does firing now because of differences between the employee at hand and earlier circumstances pass the smell test? [read post]
4 Jul 2023, 4:05 pm
This Article defends the simplest resolution to this problem: Courts should use the same “zone-of-interests” test that they have developed to determine whether a plaintiff can invoke the Administrative Procedure Act’s statutory cause of action to determine whether a plaintiff can invoke nonstatutory review for injunctive relief to enforce a constitutional provision. [read post]
3 Jul 2023, 2:35 pm
Here, Justice Gorsuch did not give Pennsylvania Fire the Lemon test treatment–no matter how many decisions abrogated that old precedent, it somehow survived. [read post]
3 Jul 2023, 11:25 am
Under §43(a), it didn’t have to own the mark (or the other asserted registered mark, a “Blacks in Technology” logo) as long as it satisfied the zone of interests and proximate cause tests. [read post]
3 Jul 2023, 4:00 am
The plaintiff has not yet started her wedding-website business, and it appears no same-sex couple has ever asked her to design such a site. [read post]
2 Jul 2023, 2:11 pm
It’s already being put to the test. [read post]
30 Jun 2023, 2:38 pm
Rejecting the Strict ‘Residency-Based’ Test The 7th Circuit Court of Appeals used a similar analysis in rejecting a plaintiff’s RICO case. [read post]
30 Jun 2023, 1:56 pm
The 9-0 decision was at least partially a win for the plaintiffs bar and the U.S. [read post]
30 Jun 2023, 1:30 pm
The plaintiff, Gerald Groff, is an Evangelical Christian who delivered mail for the U.S. [read post]
30 Jun 2023, 9:59 am
She paid more than $4,000 in tests and consultations. [read post]
30 Jun 2023, 9:53 am
As Justice Gorsuch recounts in the preliminary portion of the opinion, the Tenth Circuit found that the second prong of the test was satisfied. [read post]
29 Jun 2023, 7:49 am
To invoke it, an organization must satisfy the three-part test in Hunt. [read post]
29 Jun 2023, 7:49 am
To invoke it, an organization must satisfy the three-part test in Hunt. [read post]
28 Jun 2023, 3:09 pm
On the morning of November 5, 2019, ThyssenKrupp tested the battery-lowering devices and found that they functioned as intended. [read post]
