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Butte and Plumas counties (“Plaintiffs”) filed separate writ petitions challenging the sufficiency of the EIR. [read post]
We agree that some technology tools may pay dividends for both plaintiffs and defendants, promoting transparency, efficiency, access, and equity. [read post]
The nearly three-hour discussion between the justices and the attorneys yielded little in the way of a viable test. [read post]
8 Mar 2023, 8:16 am by Administrator
Ce test, en effet, est une composante essentielle de la dynamique relationnelle qui découle de l’art. 35 de la Loi constitutionnelle de 1982 : (Check for commentary on CanLII Connects) 2. [read post]
8 Mar 2023, 6:30 am by Guest Blogger
—has tested and in some cases conclusively demonstrated that foundational assumptions of constitutional litigation are wrong. [read post]
8 Mar 2023, 5:16 am by Jeff Kosseff
Courts eventually developed rigorous tests for these subpoenas, allowing only plaintiffs with the strongest cases to obtain posters’ identifying information. [read post]
8 Mar 2023, 5:16 am by Quinta Jurecic, Alan Z. Rozenshtein
In each, the plaintiffs—Capitol Police officers in Blassingame, along with a collection of members of Congress including Reps. [read post]
7 Mar 2023, 2:33 pm by Denise Elliott
  After several of his co-workers were sent for random drug tests, he admitted to his employer that he used marijuana nightly and, if tested, would test positive because he always had marijuana in his system. [read post]
7 Mar 2023, 2:01 pm by Kevin LaCroix
” To meet this test, plaintiffs must plead more that that the directors “responded in a weak, inadequate, or even grossly negligent manner. [read post]
7 Mar 2023, 12:37 pm by Cara Gagliano
Instead of applying the usual set of factors, the test asks just two questions: Was the use of the plaintiff’s trademark artistically relevant to the defendant’s expressive work? [read post]
6 Mar 2023, 3:05 pm by Eugene Volokh
In mid-October, Osowski informed Harer that decedent "had been tested head to toe and all is good. [read post]
6 Mar 2023, 9:59 am by Josh Blackman
True enough, the Lemon test considered how a "reasonable observer" would view an endorsement of religion. [read post]
6 Mar 2023, 9:29 am by Howard Friedman
In the case the U.S. 11th Circuit Court of Appeals vacated and remanded a district court's Establishment Clause decision that had relied on the now-repudiated Lemon test. [read post]
6 Mar 2023, 8:06 am by Christopher G. Hill
Even if you have an arbitration clause in your contract, it will not apply to a lead paint claim because the plaintiff would be the child or a pregnant woman who is not necessarily a party to the contract. [read post]
6 Mar 2023, 7:02 am by Kristi L. Wolff and Cristina Ferretti
Plaintiffs allegedly purchased “Clean At Sephora” believing that the products were not harmful or synthetic. [read post]
6 Mar 2023, 1:30 am by Donald Dinnie
The court made reference to the Santam Ltd v CC Designing CC for the test as to what is reasonable as between insured and insurer. [read post]
4 Mar 2023, 12:28 pm by Orin S. Kerr
Lussier, 901 F.3d 65 (1st Cir. 2018), the First Circuit rejected a "functional approach" to contemporaneity, in which the test would have been if the surveillance occurred using "technology linked to the fleeting moment in which the victim sent the electronic communication. [read post]
4 Mar 2023, 4:00 am by Jon L. Gelman
Based on the court's determination that the plaintiff is an employee under the ABC test, the court would rely on this case law to support its decision that the plaintiff is entitled to workers' compensation benefits. [read post]
3 Mar 2023, 12:30 pm by John Ross
Plaintiff: New York law forbids employers from taking adverse action against employees who procure abortions, but we are crisis pregnancy centers. [read post]