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25 May 2023, 6:00 am by Public Employment Law Press
  In the Matter of Teamsters Local 445 v Town of Monroe: Certain civil service positions in the classified service are placed in the "exempt" class reflecting the duties of the position are of a confidential nature and requires personal qualities that cannot practicably be tested by an examination. [read post]
25 May 2023, 6:00 am by Public Employment Law Press
  In the Matter of Teamsters Local 445 v Town of Monroe: Certain civil service positions in the classified service are placed in the "exempt" class reflecting the duties of the position are of a confidential nature and requires personal qualities that cannot practicably be tested by an examination. [read post]
25 May 2023, 5:31 am by Jack Hoover
The district court determined that the plaintiffs failed to state a claim. [read post]
25 May 2023, 5:23 am
She additionally had EMG and MRI testing for complaints of neck and back pain. [read post]
We learned right up front that the FTC is particularly interested in whether it should take another look at the “substantial majority” test. [read post]
The new policy got rid of a previously required standardized test and used a more “holistic approach” in admitting students. [read post]
24 May 2023, 4:16 pm
But dismissal of a suit “when the plaintiff has violated a contractual obligation by filing suit in a forum other than the one specified in a valid forum-selection clause ... works no injustice on the plaintiff. [read post]
24 May 2023, 7:55 am by Dan Farber
  Four said that the plaintiffs had failed to allege a substantial burden on interstate commerce so Pike didn’t apply. [read post]
24 May 2023, 7:04 am by Larry
Usually, I have not been super supportive of the plaintiffs. [read post]
23 May 2023, 7:50 am by Evan George
”) But there are several reasons why this trial offers a unique opportunity to establish a fact pattern and test the legal theories of these cases. [read post]
22 May 2023, 2:31 pm by Chip Merlin
The plaintiffs assert that the alteration is ‘demonstrable’ through testing and modeling used to identify where the virus is present. [read post]
22 May 2023, 11:59 am by Rebecca Tushnet
Plaintiff’s claims are predicated on a comparative analysis of the two products in question. [read post]
22 May 2023, 9:53 am by Seyfarth Shaw LLP
At that point, the defendant may move to “decertify” the collective, and the court applies a stricter test to assess whether the named and opt-in plaintiffs are sufficiently similarly situated to proceed together as a collective at trial. [read post]
22 May 2023, 7:46 am by Eric Goldman
The plaintiff invoked initial interest confusion, but per Network Automation, the court merges IIC back into the standard multi-factor test. [read post]
22 May 2023, 5:01 am by Eugene Volokh
The remarks by the plaintiff in that case were more than just private; they were, according to the defendant school district, "'insulting,' 'hostile,' 'loud,' and 'arrogant[,]'" yet they were held to address a matter of public concern nonetheless. [read post]
22 May 2023, 4:37 am by Scott Bomboy
Taamneh, Justice Clarence Thomas said that “the plaintiffs’ allegations are insufficient to establish that these defendants aided and abetted ISIS in carrying out the relevant attack. [read post]
21 May 2023, 1:37 pm by Francis Pileggi
Update:  Passed timeliness test, failed pre-suit demand However, as in the Amerisource suit, the Walmart timeliness ruling was a very short-lived victory for plaintiffs. [read post]