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13 Jun, 2007 10:40 pm by Jeralyn
... the news is no longer focused 24/7 on Paris Hilton. But this is worth noting. I've argued all along her 45 day sentence was unfair when compared with ... paper found 1,500 for persons who committed an alcohol offense, were placed on probation and then violated probation by driving under suspension. The results: Had Hilton left jail ... means Hilton will end up serving more time than 80 percent of others in a similar situation. Paris Hilton should not receive special treatment because of her celebrity ...
TalkLeft: The Politics of Crime - http://talkleft.com
10 Jan, 2008 3:32 am
... Smith ultimately pinned Arnold against a window, grasping her shoulder with one hand and her neck with the other hand. Godding pulled Smith away from Arnold ... between them, but Arnold then picked up several objects from a desk and hurled them at Smith. Finally, Smith left the room. The entire incident lasted ... terminated for physical altercations. The court, however, rejected comparison to all of them because there were not "similarly situated" to the Plaintiff. What does that mean? Most were not ...
Connecticut Employment Law Blog - http://www.ctemploymentlawblog.com/
18 Jul, 2007 5:39 am by Michael J. Hassen
... the putative class members were together the victims of a single decision, policy or plan' are sufficient; others have required some 'factual showing' that the 'similarly situated' requirement is satisfied." Id., at 415 (citations omitted). Still other courts "have ... , partial reimbursement or no reimbursement at all, based on specific promises made, or the specific TruGreen office at which they were employed, goes to the heart of the claim, and the 'similarly situated' inquiry." Id. The court also ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
21 May, 2008 5:49 am by Doug B.
... I, the Guidelines assumed that you were similarly situated to other 14s and Is. But in this case -- and perhaps many others -- that is a false assumption. Similarly situated with respect to the Guideline categories does not ... been a first offender, with a criminal history I, not because he had been crime-free all of his life but because he did not "do" street drug deals and thus rarely encountered government agents. And the reverse, an offender with a high criminal history score, could have been ...
Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
2 Dec, 2008 7:57 pm
... perhaps fired) for engaging in certain behavior, they will sometimes claim that other co-workers (perhaps white, or male, or younger) engaged in the same activity and were not disciplined or fired. A recent case out of the Second ... summary order on November 20, 2008, isn't groundbreaking. The court merely emphasized that to be "similarly situated", the employees must be similarly situated in "all material respects". Here, the court found that there were differences: This [allegedly comparable] ...
Connecticut Employment Law Blog - http://www.ctemploymentlawblog.com/
4 Jun, 2008 10:41 pm by Will Schendel
In holding that the plaintiff and another applicant were not "similarly-situated in all material respects," the 9th Circuit relied, in part, on the fact that the other applicant was a friend of the decisionmaker: Dove also failed to establish a prima facie <case because he could not show that similarly situated individuals not in his protected class [...]
Alaska Employment Law - http://www.akemplaw.com/wiki
23 Jun, 2008 11:54 am by Michael J. Hassen
... nonexempt tasks." Id., at 5. Believing that the evidence at trial would confirm "strong similarities in job duties" among class members, "and in light of plaintiffs' claim that Big Lots maintained a de facto policy and practice of misclassifying ... on the defendant in a magnitude that is not likely to be warranted in reality…. [¶] On the other hand, were the Court to find that on the whole Big Lots proved its defense, then all of plaintiffs' claims would be extinguished…." Id., at 55. Accordingly ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
30 May 2:11 am by David Friedman
... considerations. But it looks like a considerable improvement on direct regulation. A very similar alternative is currently being discussed under the label of "cap and trade." The government sets the total amount of effluent that may be emitted- ... can sell their excess permits to other firms for whom reduction is more difficult. Indeed, the regulated industry as whole may end up richer as a result of the regulation. Depending on the details of the situation, the increased income from the higher ...
Ideas - http://daviddfriedman.blogspot.com/
28 Sep, 2007 1:38 pm
Carl J. Mayer, on behalf of himself and all others similarly situated, filed a Class Action RICO lawsuit against The New England Patriots and Coach Bill Belichick in The United States District Court For The District Of New Jersey. The complaint states that the core ... as a matter of contract, the tickets imply that each game played will be played in accordance with NFL rules and regulations as well as all applicable federal and state laws. Among several other claims, the ...
RICO Law Blog - http://www.ricolawblog.com/
28 Aug, 2008 3:57 pm
... ; Eberz, P.C. filed a class action complaint in federal court in Massachusetts on behalf of Deloris Gordon and all others similarly situated (the "Class") alleging that Adaptive Marketing, LLC ("Adaptive") and its parent company Vertrue, Inc. ("Vertrue"), along with VistaPrint USA, Inc. ("VistaPrint") and its parent company VistaPrint Limited (collectively "Defendants"), are perpetrating; specifically, the practice of imposing unauthorized charges upon unsuspecting consumers ...
Class Action Blog - http://classactionblog.mdpcelaw.com/
8 Apr, 2008 9:29 am
... has popped up: Gregory Sundahl, individually and Jesse Sundahl, individually and On behalf of All Others Similarly Situated v. State Farm Mutual Automobile ... conference he pulled back, saying Allstate had 15 days to appeal and he was not sure when the suspension would take effect. Allstate said it was reviewing ... claim practices in the 1990s. The review was assisted by the management consultant McKinsey & Co and the paperwork has long been thought to advocate a tough approach to handling customer ...
No-Fault Paradise - http://nofaultparadise.blogspot.com/index.html
7 Nov, 2008 2:54 pm
... No. EDCV08-0334 MRP (JCRx) (C.D. Cal. Aug. 5, 2008) and its companion cases, the Central District of California addressed the express preemption clause of Section 379r ... . Here, the parents of children younger than age 6 filed a complaint against manufacturers alleging that the OTC cough and cold medicines "d[id] not work" ... to various state consumer fraud statutes, and each case sought to certify a class on behalf of all others similarly situated. The court granted the defendants' motion to dismiss ...
Life Sciences Legal Update - http://www.lifescienceslegalupdate.com/
20 Feb, 2008 10:44 am by Marcia Oddi
... . However, there is no indication that the trial court improperly allocated this burden in this case and the court did not err in deeming A.L. incapacitated. Further, the trial court ... within the Metropolitan School District ("MSD") of Wayne Township, and for all other similarly-situated citizens and taxpayers ("the Taxpayers"), appeals the order granting attorney's ... denied St. Clair's petition. Finding St. Clair had an open plea and has met the requirements of Post-Conviction Rule 2, we reverse ...
The Indiana Law Blog - http://indianalawblog.com/
24 Sep 3:08 am by Ingrid Burke
... bringing an end to impunity, Middle Eastern nations and all other states that have not yet ratified the Rome Statute must embrace the ICC. To date, the Arab ... few. Furthermore, the ICC could protect the region's states from external threats similar to the Persian Gulf War in 1990 or the 2003 American invasion of Iraq. By becoming a State ... (539 B.C.), considered to be the first charter of human rights in recorded history, and the Treaty of Kadesh (1274 B.C.), the world's first international peace ...
JURIST - Forum - http://jurist.law.pitt.edu/forumy/
16 Jan, 2008 1:33 am by Bernard Hibbitts
... any reason whatever, in the internal or external affairs of any other State. Consequently armed intervention and all other forms of interference or attempted threats against the personality ... imply that since the international community tolerates our stance on Cuba, then it should similarly permit the mandates of H.R. 2003. The analogy is false, many Ethiopians feel ... taint us. One calmer man stayed to speak to us and told us that in order to be safe and have a better time when we travel, we should ...
JURIST - Forum - http://jurist.law.pitt.edu/forumy/
3 Mar, 2008 6:00 am by Kimberly A. Kralowec
... was not a retailer, but a company whose products were sold by retailers] and others similarly situated to pay 30 percent more for an advertisement informing the public where certain ... sold in the secondary market that calculate monthly interest differently during the year of payoff from all other months." The brief also states that with respect to Wells Fargo's practice, ... outside the record." (Eisenberg et al., Cal. Practice Guide: Civil Appeals and Writs (The Rutter Group 2007) 9:210.1, p. 9-54. ...
Tags: prong, Fraudulent, UCL
The UCL Practitioner - http://www.uclpractitioner.com/
... narrow-based index CDS, but also broad-based index CDS, and other similar products, when payment is triggered by a single security or issuer or narrow-based index of ... should strengthen this authority so that the SEC and CFTC may adopt stronger and more protective rules in certain situations - for example, where a swaps dealer is selling OTC ... 's proposal because only ECPs may trade derivatives over-the-counter. All other market participants must trade on exchanges, which provide better protections ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
29 May, 2007 3:16 am by Mark Bennett
... to the idea that theft and assault are crimes and need to be punished. If I myself engage in those crimes, I would hope that I would be treated as any other similarly situated offender: in fact, I should perhaps be punished more severely since ... assault -- are much farther removed from the everyday prosecutorial experience than intoxicated manslaughter. Intoxicated manslaughter, after all, is just a really unlucky drive halfway home from the prosecutorial watering hole. Would it be unfair for us ...
Defending People: The Art and Science of Criminal Defense Trial Lawyering - http://www.bennettandbennett.com/blog/
17 Dec, 2007 4:41 pm by Jason Schultz
... sharing sites like Flickr, posting most if not all of their photos for people to see and using more flexible copyright licenses such as Creative ... Disney, Google -- everyone. For example, anyone can take a snippet of this blog post and copy it into their own blog post or email for the purposes of commenting on what I have ... t really say what the proper ethical outcome should be for this or other similar situations. However, for me, the idea of attribution and promotion have strong appeal. They respect ...
LawGeek - http://lawgeek.typepad.com/lawgeek/
24 Oct, 2006 6:17 am
... right, although the wording would seem broad enough to cover the military and all other relevant persons too (unless the exceptions clause at the beginning of the relevant section ... sent to Syria for torture (Arar) and the similar case of a fellow named Khaled El-Masri would seem to fit the situation. These guys were finally, in practical ... country had better start looking to elect people who are honest, competent, smart and moral. Otherwise, we are just headed for ever more trouble. Frankly, the need ...
Velvel on National Affairs - http://velvelonnationalaffairs.blogspot.com
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