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7 Nov 2022, 8:56 am
The Biden Administration’s Labor Department last month issued a proposed regulation seeking to define the worker classification test for independent contractor or employee status unde [read post]
7 Nov 2022, 6:36 am
16 days hospitalized: Summer E. coli outbreak linked to Wendy’s takes toll on Michiganders Danielle Salisbury of Mlive.com In August in an emergency department waiting room, Eboné Colbert remembers going to use the bathroom. [read post]
7 Nov 2022, 5:00 am
Plaintiffs faced with harm from asbestos or tobacco or talcum powder that only emerged years after exposure have long tested the limits of the torts system’s ability to fill in the gaps created by the country’s inadequate social safety net. [read post]
4 Nov 2022, 3:38 pm
Each case will be different because each plaintiff is different. [read post]
4 Nov 2022, 12:12 pm
" It also explained that "[t]he ultimate test for permitting a plaintiff to proceed anonymously is whether the plaintiff has a substantial privacy right which outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings. [read post]
4 Nov 2022, 6:38 am
(Citing Erie Insurance, the court says: “This but-for test bears little relation to publisher liability at common law”). [read post]
4 Nov 2022, 6:11 am
Although surveillance plaintiffs may meet the plausibility threshold at the outset of a case, plaintiffs are eventually required to prove their standing with admissible evidence. [read post]
4 Nov 2022, 4:05 am
The court said in part:Plaintiffs have not identified what speech or type of speech was suppressed, meaning the court cannot apply the correct test to determine whether a regulation of it was permissible.... [read post]
4 Nov 2022, 3:56 am
The court does not agree, except for the second prong of the First Circuit’s test. [read post]
3 Nov 2022, 7:10 am
While Schneider argued that this agreement established that the driver had a high degree of control over his work and that Schneider had therefore properly classified him as an independent contractor, the plaintiff argued that under the controlling test–the economic reality test–he was Schneider’s employee. [read post]
3 Nov 2022, 4:00 am
This new three-step test was described in Fraser v. [read post]
2 Nov 2022, 10:46 am
Indiana Dep’t of Ins. that a plaintiff’s claims of sexual battery by a nurse while hospitalized do not fall under the MMA. [read post]
2 Nov 2022, 7:16 am
When evaluating a motion for intervention as of right, a four-factor test is applied. [read post]
2 Nov 2022, 4:00 am
The test, adopted by this Court in R. v. [read post]
1 Nov 2022, 3:00 am
In 2020, after juries awarded some plaintiffs billions in damages, the company announced it would no longer distribute the talc-based units of the product in America. [read post]
31 Oct 2022, 2:36 pm
But the majority would also rule that the crude categories used by Harvard and UNC aren't enough to pass the other requirement the "strict scrutiny" test the Court has long imposed on racial preferences: such policies must also be "narrowly tailored" to the achievement of the compelling interest that justifies them. [read post]
31 Oct 2022, 11:47 am
Thus, the complaint adequately pled that Meta saved Logan’s photos onto its servers, satisfying the server test. [read post]
31 Oct 2022, 11:02 am
[A federal judge suggested that plaintiffs can sue as John Does only to the extent that identifying them would also identify nonparties who want to remain anonymous (such as the students who accused the plaintiffs of sexual misconduct).] [read post]
31 Oct 2022, 9:47 am
In applying the two-stage test for jurisdiction set out in Ewert v. [read post]
31 Oct 2022, 7:56 am
“Public museums are committed to spreading knowledge and to making their collections accessible,”[4] and as stay-at-home orders tested this commitment, museums around the world rose to the challenge. [read post]
