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19 Jan 2023, 5:00 am
In this regard, the court noted that the rules of discovery are not designed to allow a motion for sanctions to be utilized to test the veracity of a party's claims of a lack of information or documentation to produce in discovery. [read post]
18 Jan 2023, 2:36 pm
Instead, we must apply a 'reasonable reader' test. [read post]
18 Jan 2023, 2:05 pm
In fact, the District Court here found that, if the plaintiffs’ allegations are proven, then student-athletes would be more akin to employees under the Glatt multi-factor test. [read post]
18 Jan 2023, 1:17 pm
The court subsequently consolidated the two actions and realigned the parties so that Stillwater was the plaintiff. [read post]
18 Jan 2023, 12:30 pm
Fusaro(Wrongful Death; Sovereign Immunity; Whether Test from Spring v. [read post]
18 Jan 2023, 8:43 am
If it is, the so-called “heightened” ascertainability test may end up as more of a molehill than a mountain. ______________________ 1 Newberg and Rubenstein on Class Actions § 3:3 (6th ed.) [read post]
18 Jan 2023, 6:45 am
The Third Circuit rejected the residency test in favor of a holistic, six-factor test, with particular emphasis on where the plaintiff suffers the effect of the injurious activity. [read post]
18 Jan 2023, 6:12 am
” “ Here, Plaintiffs fail to show both the first and the third prong of the CapLOC test, as theallegations are vague and conclusory and fail to identify a specific business relationship that was allegedly adversely affected, nor do they show that defendants acted with the sole purpose of harming the plaintiff. [read post]
17 Jan 2023, 9:27 pm
This includes the costs of emergency room care, diagnostic testing, surgery, and all other forms of treatment. [read post]
17 Jan 2023, 3:31 pm
In early April 2018, A.J. was selected for a random drug test. [read post]
17 Jan 2023, 4:14 am
One such test requires, among other things, that the party seeking discovery show that it will suffer irreparable harm if the request is not granted. [read post]
17 Jan 2023, 3:30 am
Last May, I wrote about this religious discrimination case involving an employer’s duty to accommodate a plaintiff who needed Sundays off to observe his religion. [read post]
16 Jan 2023, 10:10 am
The trace levels found in the one limited test of mac & cheese are well below any level of concern. [read post]
16 Jan 2023, 4:00 am
§ 1681(a)(3)—is substantially related to the government’s objective of accommodating religious exercise.The court rejected plaintiffs' Establishment Clause challenge applying the Lemon test. [read post]
15 Jan 2023, 10:18 pm
The second ground, that Australia is an inappropriate forum, turns on application of the ‘clearly inappropriate forum’ test of the Australian forum non conveniens doctrine: Chandrasekaran v Navaratnem [2022] NSWSC 346, [5]–[8]; Sapphire Group Pty Ltd v Luxotico HK Ltd [2021] NSWSC 589, [77]–[80]; Studorp Ltd v Robinson [2012] NSWCA 382, [5], [62]. [read post]
13 Jan 2023, 3:13 pm
Counterman came to the Supreme Court in August, asking the justices to decide whether courts should use the objective test on which the Colorado courts relied or instead a subjective test that requires prosecutors to show that the speaker intended to make a threat. [read post]
statutory ban on nonfunctional slack fill doesn't show misleadingness/materiality as a matter of law
13 Jan 2023, 7:32 am
The court disagreed, because the CLRA claim was governed by the reasonable consumer test. [read post]
13 Jan 2023, 6:08 am
Earlier this week, I reported here that the litigation analytics company Gavelytics, which shut down operations in June, has been acquired by a relative newcomer to the legal analytics space, Pre/Dicta, which launched its product in July after two years of development. [read post]
12 Jan 2023, 7:54 pm
The test is an objective one that asks whether a person of ordinary firmness would be deterred from exercising the protected right…. [read post]
12 Jan 2023, 12:22 pm
The WaPo editors don't dispute the need for stricter enforcement of merger laws when Big Tech companies make major acquisitions, and even encourage FTC Chair Lina Khan and the other commissioners to "test their more novel theories of modern-day antitrust in court. [read post]
