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30 Jan 2022, 3:55 pm
In fact, the evidence provides a strong reason to conclude that the plaintiff did not know that by signing the documents, she had in fact transferred title. [209] This is not a situation where it can be argued that, when the plaintiff executed the documents, she understood the consequences of doing so. [210] Furthermore, I am satisfied that the plaintiff was unaware that title had been transferred until many months… [read post]
27 Jan 2022, 4:22 pm
., __ P.3d __, 2022 WL 244731 (Cal., Jan. 27, 2022), the California Supreme Court clarified that whistleblower retaliation claims brought under Labor Code section 1102.5 should not be evaluated under the McDonnell Douglas test, but instead the standard enumerated in Labor Code section 1102.6. [read post]
27 Jan 2022, 4:00 am
Toronto: Irwin Law, 2020. xiii, 251 p. [read post]
26 Jan 2022, 2:39 pm
P.5. [read post]
26 Jan 2022, 8:52 am
P.5. [read post]
25 Jan 2022, 10:50 am
" "[P]ublic entities discriminate in violation of the Rehabilitation Act if they do not make reasonable accommodations to ensure meaningful access to their programs. [read post]
24 Jan 2022, 8:20 am
McWhinney’s effect may be that plaintiffs’ attorneys ramp up efforts to bring intentional tort claims. [read post]
24 Jan 2022, 3:04 am
C. v Fink, Weinberger, Fredman, Berman & Lowell, P. [read post]
24 Jan 2022, 1:00 am
Canada A very rare civil jury trial in Manitoba that awarded the plaintiff $500,000 for defamation has been replaced with an award of $50,000 by the Court of Appeal in Manitoba: Chartier v Bibeau 2022 MBCA 5. [read post]
23 Jan 2022, 2:03 pm
(Id. at p. 764.) [read post]
21 Jan 2022, 5:41 am
” If the plaintiff can show that the tests, even if reliable, do not establish the proposition asserted by the defendant, “the plaintiff has obviously met its burden” of demonstrating literal falsity. [read post]
20 Jan 2022, 1:16 pm
So holds a Ninth Circuit panel—with the authoring judge penning a hypothetical dissent, to illustrate his view that the Ninth Circuit's Second Amendment precedents are too malleable. [read post]
20 Jan 2022, 12:16 pm
For the year, the S&P 500 rose 27%. [read post]
19 Jan 2022, 12:41 pm
" … "[P]seudonyms are the exception and not the rule, and in order to receive the protections of anonymity, a party must make a case rebutting … the presumption of disclosure. [read post]
19 Jan 2022, 5:01 am
" That includes a duty not to unreasonably increase the risk of criminal attack: "The conduct of a defendant can lack reasonable care insofar as it foreseeably combines with or permits the improper conduct of the plaintiff or a third party. [read post]
19 Jan 2022, 4:14 am
/p>On its website, Access Advance doesn't say anything about ownership. [read post]
18 Jan 2022, 11:24 am
The plaintiffs are seeking medical evaluations by independent providers and an injunction preventing Dr. [read post]
16 Jan 2022, 10:30 pm
She compares herself in this way to the tester plaintiff in Havens Realty v. [read post]
16 Jan 2022, 6:25 am
Laufer, the tester plaintiff in Laufer v. [read post]
14 Jan 2022, 12:28 pm
P. 10(a) ("The title of the complaint must name all the parties. [read post]
