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1 Jun 2023, 4:56 pm
Given the Murdoch versus Crikey case was settled, we may yet wait some time to see what’s required to satisfy the public interest test in a defamation case. [read post]
1 Jun 2023, 6:00 am
As Justice Kavanaugh explained: If the statute of limitations for a §1983 suit like Reed’s began to run after a state trial court’s denial of a plaintiff ’s motion for DNA testing (or even after the appeal before the plaintiff ’s rehearing proceedings), the plaintiff would likely continue to pursue relief in the state system and simultaneously file a protective federal §1983 suit challenging that ongoing state process. [read post]
31 May 2023, 8:09 pm
Some of these justices seemed to want a narrow standard that focuses on rooting out "protectionism"; others were fine with a balancing test that is broader in some uncertain way; and there was disagreement on the result of balancing in this case. [read post]
31 May 2023, 10:41 am
The plaintiffs hired Economics Expert Witness Dr. [read post]
31 May 2023, 4:34 am
Two federal appellate courts have now decried that method and have sought to establish the “similarly situated” test at a much earlier juncture in the case. [read post]
29 May 2023, 10:46 pm
A plaintiff alleging a design fault in a product in Texas must prove more than simply that the product was harmful when designed. [read post]
28 May 2023, 7:29 am
However, the plaintiff still noticed the smell so he called a company to test and remediate mold. [read post]
28 May 2023, 2:52 am
Matthews testified that he brought the Chevy Tahoe into the Dealership to get the oil changed, but also that he was interested in purchasing a Ford Expedition, and used this as an opportunity to test one out. [read post]
26 May 2023, 6:24 pm
A drug test also shows that he is high on marijuana while driving. [read post]
26 May 2023, 6:24 pm
A drug test also shows that he is high on marijuana while driving. [read post]
26 May 2023, 6:24 pm
A drug test also shows that he is high on marijuana while driving. [read post]
26 May 2023, 4:11 pm
If emergency services treat you at the scene of an accident, you should go to the hospital and be tested. [read post]
26 May 2023, 3:05 pm
The Court’s Analysis While the Sackett Court unanimously held that the EPA did not have jurisdiction over the property of the plaintiffs in the case, the justices’ reasoning differed. [read post]
26 May 2023, 2:11 pm
This is the burden of proof in all personal injury cases, and it rests with the plaintiff or filing party. [read post]
26 May 2023, 1:52 pm
The Court sided with the plaintiffs, holding that the unconstitutional-conditions test was the applicable legal framework. [read post]
26 May 2023, 12:42 pm
While in France from August 2022 and November 2022, Plaintiff and the Child lived with Plaintiff’s mother in a guest house. [read post]
26 May 2023, 11:37 am
Plaintiffs levied allegations that years-long mismanagement of the Toledo Bend reservoir by SRA-L[2] culminated in damage to plaintiffs’ properties via flooding, violating their constitutional rights under the Fifth Amendment. [read post]
26 May 2023, 11:20 am
Courts look to how an objective, reasonable viewer (or listener) would interpret the challenged statement to determine whether this test has been met. [read post]
26 May 2023, 12:30 am
To diversify the student body, the school ditches standardized tests, and the percentage of Asian students admitted drops dramatically. [read post]
25 May 2023, 11:19 am
Geraldine Tyler, the plaintiff in the case, is a 94-year-old widow whose home, valued at $40,000, was seized by Hennepin County after she was unable to pay off $15,000 in property taxes, penalties, interest, and fees. [read post]
