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12 Jun, 2008 9:15 am
... and Refresher on age discrimination waivers. According to the 6th Circuit in Raczak v. Ameritech Corp., the purpose of OWBPA is to ensure that "workers who signed a
waiver had a clear idea of what they were giving up, particularly that ... which some of the employees at the facility are selected for a program and others are not, then the facility
will be the decisional unit. If the employer seeks to reduce the number of employees at a facility by exclusively considering a particular portion or sub- ...
10 Apr 7:42 pm
... coerce the Debtor into paying his debt". Mr. Hill contended throughout the litigation that the directive on the sign -- "WILL YOU PLEAS
COME PAY ME!" - did not constitute an effort to collect a debt ... not be sanctioned for his action of posting the sign because of his
entitlement to exercise his free speech right under the First Amendment to the United States Constitution, citing Turner Advertising Co. v.
National Serv. Corp. (In re National Serv. Corp.), 742 F.2d 859 (5th Cir. 1984). Since the ...
5 Jul 5:01 pm
... School District et al. (freedom of speech: the right of students to wear peace sign armbands in school was affirmed) 393 U.S. 503; 89 S.
Ct. ... e.g Supreme Court of the United States (.pdf)) Scott Dodson at the Virginia Law Review writes in Pleading Standards After Bell Atlantic
Corp. v. Twombly: "To state a ... cannot defeat a moving party's competent motion for summary judgment. In Celotex Corp. v. Catrett ... the court stated " ...the burden on
the moving party may be discharged by. .. pointing out ...
24 Feb, 2008 4:01 am
... executive's assertion of power... Last month Congress passed and the President signed the Fiscal Year 2008 Defense Authorization Act. The Act includes a significant provision
... Congressional authority is clear. See, e.g., Loving v. United States, 517 U.S. 748 (1996) (Congress has primary authority to regulate
military ... advice regardless of the personality or party in power. Victor Hansen was a lieutenant colonel in the United States Army JAG
Corps and currently teaches at New England School of Law ...
2 Nov 11:31 pm
I. Introduction The Czech Republic is the last of 27 European Union member states left to sign the Lisbon Treaty, also known as the Reform
Treaty. [1] It is anticipated to be ratified by the end of 2009 and go into effect ... . [9] Implications for the U.S. will be largely influenced by who is appointed the president of
the European Council. [10] The greatest affect on the United States by the Lisbon Treaty will be felt if the European Union transforms into a
superpower to counter-balance the U.S. ...
15 Nov, 2007 12:57 pm
... ., by the plaintiff himself, without the assistance of a lawyer. One, I remember, was a civil rights suit naming as defendants the President of the United States, all nine justices of the U.S. Supreme Court, the plaintiff's ex-wife, and a local Pizza Hut ... and Rudy Giuliani. To make such an assertion
without any evidence to back it up might indeed be "preposterous," as News Corp. maintains. But that happens not to be the case here. There is hard evidence corroborating Ms
Regan's claims, and when it ...
15 Oct 5:29 pm
... all of their assets. The members of the Creditors' Committee are: (1) Severstal North America (2) Kenwal Steel Corp. (3) Steel Technologies, Inc. (4) Superior Steel Supply
LLC (5) United Steelworkers netDockets has made a complimentary copy of the U ... you to find not just more precedent, but the best, most
relevant precedent. Learn more and sign up for a free trial account by visiting [www.netdockets.com]. In addition, please contact us directly
to learn more about ...
14 Nov, 2006 9:42 am
... Milligan, a lawyer at Miller Thomson and counsel to the Greater Toronto Hotel Association. The Municipal Property Assessment Corp. makes its assessment on a hotel's pro forma
income statement, based on its actual performance. The difference: on a ... 3. Not understanding their legal rights because they didn't comprehend the disclosure document. The marketing
of the condo hotel units involved the use of a rental pool - money was distributed to investors based upon the rental of all the units, which ...
16 May 3:51 am
EEO/iNews from the United States Supreme Court - Thursday, May 14, 2009 Source: iNews © 2009 John D. Sargent, All Rights Reserved
_____________________________________________________ EEO/iNews ... not responsible for news content. Some links may have expired or require sign-up or subscription. Mr. Sargent is not compensated for news connected to a service or product. ... issue description at Public Citizen: o SCOTUS docket
here Baxter Healthcare Corp v. White., No. 08-960 T VII See issue description ...
1 Sep, 2008 9:46 am
... an opinion concurring in part and dissenting in part. Coastal Oil & Gas Corp. v. Garza Energy Trust, No. 05-0466 (Tex. Aug. 29, ... interest's motion for oral argument
denied corrected opinion issued Forest Oil Corp v. McAllen, No. 06-0178 (Tex. Aug. 29, 2008)(Willett)(arbitration ... COMPANY, AS ASSIGNEE OF POTOMAC INSURANCE COMPANY OF
ILLINOIS The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit. Justice Willett delivered the
opinion of the Court. ...
30 Jan 5:09 am
... art. Hat tip to Sharon Theimer and Ricardo Alonso-Zaldivar of AP for uncovering that "weeks before the earliest signs of a national Salmonella outbreak that now has been
traced to peanuts from a Georgia processing plant, peanuts exported by [ ... , according to the government's own records. The chopped peanuts from Peanut Corp. of America in
Blakely, Ga., were prevented by the FDA from being allowed back into the United States in mid-September because the peanuts contained an
unspecified "filthy, ...
27 Jul 10:11 am
The United States Trustee has appointed the members of the Official Committee of Unsecured Creditors in the 2008 Asset Holding Corp.
bankruptcy cases. 2008 Asset Holding Corp. (which was formerly known as GSC Capital Corp.) ... Holding Fund, Ltd./DKR Oasis (Hong Kong) LLC Download copies of every
document filed in the 2008 Asset Holding Corp. bankruptcy case and the bankruptcy cases of over 600 other major corporations using netDockets. Sign up now for a free trial account and $100 of free research ...
9 Jun 9:32 pm
... allegations that it misrepresented securities in short-term bond funds. The settlement could be a sign that other fund providers, including
Morgan Keegan, Charles Schwab Corp., and Fidelity Investments, may face similar lawsuits. Already bond providers ... agreeing to settle, Evergreen is not admitting to or
disagreeing with the SEC's findings. As part of the agreement, the Wells Fargo unit will pay $33 million to fund shareholders, $3 million in disgorgement of ill-gotten gains, a
$4 million SEC ...
2 Aug 11:03 am
... court entered an order setting a deadline (or bar date) for the filing of proofs of claim against 2008 Asset Holding Corp. (f/k/a GSC Capital Corp.) for certain types
of claims. 2008 Asset Holding Corp. filed for bankruptcy protection on June 30 ... of proofs of claim on account of certain claims arising before the company filed for bankruptcy
is September 2, 2009. The governmental unit bar date is December 28, 2009. Download a copy of the court's order using netDockets. Sign
up now for a free trial.
3 Oct, 2007 10:23 am
... jury ruled that a tenants' smoking was so significant and unreasonable that it constituted a nuisance in Harwood Capital Corp. v. Carey. As a result of this recent ruling,
the eviction of the smoking tenants was was upheld even though the landlord was ... that the tenants were smokers when the tenancy began. Associations should not consider this a
sign that courts would be willing to allow them to prohibit smoking in units. First, the Massachusetts Housing Court decision cannot be
cited in any ...
5 May, 2008 9:24 am
... a navigation channel called "a hurricane highway." Judge Stanwood Duval is the same judge who in February found that, despite signs of clear wrongdoing, the Corps of
Engineers could not be sued for flood control projects gone wrong. But this case is different ... Gulf Outlet, or MRGO, was "clearly a ship channel and not a flood control project."
From his opinion: "The United States should not be immunized for a tort which occurred from an activity unrelated to a flood control project...
Taken to its ...
30 Apr, 2008 5:47 am
... agency may deny meritorious claims to gain leverage over the contractor." Moreland Corp. v. United States, 76 Fed. Cl. 268, 292
(2007). The same principle applies ... for computation, even though the result is only approximate." Ace Constructors, Inc. v. United States,
70 Fed. Cl. 253, 274 (2006) The preferred method for proving costs ... settle a cumulative impact claim and that many of the events relevant to the cumulative impact claim did not even
arise until after the parties signed Modification 093. ...
23 Sep 4:00 am
... disclose the relationship between Liberti and the Corporation before transferring the Agreement in exchange for limited partnership units. As part of the claim, plaintiffs
asserted that the Limited Partnership interests were securities under § 10( ... they controlled both the Corporation that assigned the Agreement and the Trust that, as the General
Partner for the Limited Partnership, signed the Contribution Agreement. As such, any profits from the Limited Partnership interests would come from the ...
9 Aug 10:24 am
The United States Trustee has appointed the members of the Official Committee of Unsecured Creditors in the Stant Parent Corp.
bankruptcy cases. Stant Parent and its affiliates filed for bankruptcy protection recently in the District of Delaware bankruptcy court. The members of ... . Download copies of every
document filed in the Stant Parent bankruptcy case and the bankruptcy cases of over 600 other major corporations using netDockets. Sign up now
for a free trial account and $100 of free research.
7 Oct 6:58 am
... As is customary in business sale transactions, the sellers had to agree to certain restrictions on competitive activity. The agreements signed by the Kristel shareholders
restricted them from recruiting or hiring away employees for a period of five years. About a year later ... to protect an employer's business interest. -- Court: United States District Court for the Southern District of New York Opinion Date: 10/1/09 Cite: Cenveo Corp. v. Diversapack, LLC, 2009 U.S. Dist. LEXIS
91535 (S.D.N.Y. Oct. ...
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