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22 Apr 2024, 12:02 pm by Maya
Complications in Climate-Related Civil Suits Climate change-related claims introduce unique difficulties for both plaintiffs and defendants. [read post]
22 Apr 2024, 5:00 am by Bernard Bell
  The second was the Ninth Circuit’s less demanding “appearance and function” test, Garnier v. [read post]
20 Apr 2024, 9:14 am by Dennis Crouch
As the 1902 district court explained: “[t]he shape of the defendant’s bell differs from plaintiff’s more widely than plaintiff’s differs from the [prior art] door knob, and therefore defendants’ construction does not infringe the patent. [read post]
19 Apr 2024, 12:30 pm by John Ross
A crime lab analyst testifies that the woman's blood type matches blood found at the scene, though it was too small to be tested for DNA. [read post]
19 Apr 2024, 9:27 am by CFM Admin
In so ruling, the Court held that the SEC alleged facts sufficient to permit a finding that certain assets made available for trading on Coinbase’s platform constitute “investment contracts” under the Howey test. [read post]
18 Apr 2024, 9:58 pm by Nancy Yaffe
While Nikki will be focused on EEOC enforcement, she has some terrific tips that also relate to overall good practices including: Additional scrutiny applicable to traditionally male-dominated industries Aspects of commonplace safety policies and practices that create higher risks How post-offer physical demands testing can make employers susceptible to discrimination claims Specific accommodations viewed as reasonable for employees performing manual labor Hiring and… [read post]
18 Apr 2024, 2:05 pm by Steve Bainbridge
The test for waste is whether any person of ordinary sound business judgment could view the transaction as fair. [read post]
18 Apr 2024, 6:31 am
Yet something is missing from both the cases and commentary: a majority independence test is a majority independence test. [read post]
18 Apr 2024, 6:31 am
Yet something is missing from both the cases and commentary: a majority independence test is a majority independence test. [read post]
18 Apr 2024, 5:00 am
And given that the individual in question had reviewed the pertinent case related documents, assisted with drafting analysis, and attended meetings with defendant’s counsel, the AD1 thought that the defendant had a “reasonable expectation of a confidential relationship,” and that the “disqualification test” had been met here.Think that’ll stand the test of time? [read post]
18 Apr 2024, 4:05 am by Howard Friedman
 Although this case involved sex discrimination, the test would apply equally to religiously discriminatory job transfers. [read post]
17 Apr 2024, 9:51 am by Lebowitz & Mzhen
Authorities stated that a routine toxicology test was taken from the driver of the SUV and that those results are pending. [read post]
17 Apr 2024, 9:50 am by Russell Cawyer
  Further, the Court stated that the harms identified by Muldrow which included a less advantage work schedule, loss of a department vehicle and change in responsibilities met “that test with room to spare. [read post]
17 Apr 2024, 7:49 am by Second Circuit Civil Rights Blog
This ruling rejects the test applied in the Second Circuit and elsewhere, which required that the plaintiff prove a "significant" change in the terms and conditions of employment. [read post]
17 Apr 2024, 1:05 am by Kevin LaCroix
The complaint seeks to recover damages on behalf of the plaintiff class. [read post]
16 Apr 2024, 4:18 pm by INFORRM
This can be onerous for a defamation defendant, but it also involves risk for the plaintiff, should the defendant embark on an odyssey of truth-telling yet more damaging to the plaintiff’s image. [read post]
16 Apr 2024, 1:00 pm by Eugene Volokh
" Here, Plaintiffs "wish to stay silent and not express any public view on the appropriateness of various books. [read post]
16 Apr 2024, 9:05 am by Barry Barnett
https://lnkd.in/g7kiYmUj Racing board’s ruling on horse naming against didn’t preclude owner’s first amendment challenge. 23-55735.pdf (uscourts.gov) Failure to object to mention of patent applications’ filing dates before jury dooms bid for new trial. 22-1391.OPINION.2-26-2024_2276014.pdf (uscourts.gov) Settling with a defendant for a big amount it can’t/won’t/doesn’t pay reduces non-settling defendants’ liability for the full amount.… [read post]