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3 Feb 2023, 12:36 pm
It allows us to eliminate plaintiff’s contribution to the harm. [read post]
3 Feb 2023, 9:40 am
Andrew Gilden & Sarah R. [read post]
3 Feb 2023, 9:15 am
Plaintiff argued his random drug test and an after-hours DUI should be treated with comparable seriousness, but the appellate court rejected this argument as well. [read post]
3 Feb 2023, 8:32 am
Another promising strategy that is currently being tested is an attack against the recommendation algorithm itself. [read post]
2 Feb 2023, 2:13 pm
The base of the claim is that Christ Hospital maintains a website through which existing patients can access a patient portal to view their medical records, test results, and previous or upcoming appointments. [read post]
2 Feb 2023, 11:59 am
Plaintiff Konstantin Howard and three other STK Steakhouse employees filed the lawsuit on October 7. [read post]
2 Feb 2023, 7:25 am
In the ensuing medical malpractice lawsuit against her infectious disease doctor and a physician’s assistant for her orthopedic surgeon, the jury upheld plaintiff’s claim finding that the physician’s assistant was responsible for the delayed treatment following receipt of the results of the blood tests he ordered. [read post]
1 Feb 2023, 5:30 am
” But it is important to stipulate fair-use analysis is a multi-factor test and that, even within the first factor, it’s not mandatory that a use be “transformative. [read post]
1 Feb 2023, 5:11 am
Judgment was entered in the amount that the plaintiffs requested, including the $2,000,000 in pain and suffering alleged by each plaintiff. [read post]
31 Jan 2023, 9:01 pm
There are in force no mask or vaccine mandates, no restrictions on schools or businesses, and no required testing. [read post]
31 Jan 2023, 9:01 pm
To prepare, companies should consider updating their cybersecurity programs and incident response plans to address corporate deepfakes, as well as consider running a tabletop to test those new protocols. [read post]
31 Jan 2023, 6:36 pm
Just as hypothesis testing is predicated upon a probabilistic version of modus tollens, differential etiology is based upon “iterative disjunctive syllogism,” or modus tollendo ponens. [read post]
31 Jan 2023, 2:59 pm
Colorado (April 19): To determine whether statements are “true threats” that are not protected by the Constitution, should courts apply an objective test that considers whether a reasonable person would regard the statement as a threat of violence, or instead a subjective test that requires prosecutors to show that the speaker intended to make a threat? [read post]
31 Jan 2023, 11:18 am
If the case is allowed to proceed, it will test a novel legal theory, that social media algorithms are defective products that encourage addictive behavior and are governed by existing product liability law. [read post]
31 Jan 2023, 9:31 am
Section 413 provides: No action may be commenced under this subchapter with respect to a fiduciary’s breach of any responsibility, duty, or obligation under this part, or with respect to a violation of this part, after the earlier of: (1) six years after (A) the date of the last action which constituted a part of the breach or violation, or (B) in the case of an omission the latest date on which the fiduciary could have cured the breach or violation, or (2) three years after the earliest date… [read post]
31 Jan 2023, 9:13 am
Rather than inquiring about commonality, the Fifth Circuit held that Plaintiffs were unable to establish predominance, a similar but far more demanding test for determining whether classes are sufficiently cohesive. [read post]
31 Jan 2023, 5:41 am
Defendant, on the other hand, testified about the minor nature of the accident and presented his own medical expert, who stated that plaintiff had not been placed on any restrictions and that “there were no objective findings of any anatomical derangements and no description from any diagnostic tests of any acute abnormalities structurally” in plaintiff’s records. [read post]
31 Jan 2023, 5:00 am
In this matter, the Plaintiff was injured in a helicopter crash. [read post]
30 Jan 2023, 10:07 am
The test for the existence of a trade secret is embodied in a relatively simple definition. [read post]
30 Jan 2023, 2:46 am
Under the expanded “three-prong” test, which Google urges, which rephrases the traditional editorial function test, every decision relating to content a platform makes enjoys complete immunity. [read post]
