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19 May 7:00 pm
The Court of Appeals today affirmed a trial court's ruling that Wal-Mart had been properly assessed more than $30 million in taxes, penalties and interest. The case is Wal-Mart Stores East, Inc. v. Hinton. The tax strategy of Wal-Mart rejected by the Court involved the discounter transferring the ... term "true earnings," the constitutionality of the statute, and the validity of the substantial penalties assessed against Wal-Mart. But footnote 14 of the opinion is worth a mention if you, like me ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
21 May 11:19 am by Marc J. Soss
... in Delaware. The North Carolina Court of Appeals on Tuesday rejected the Wal-Mart tax strategy in Wal-Mart Stores East, Inc. v. Hinton, No. 08-450 (N.C. Ct. App. May 19, 2009), affirming the trial court's conclusion: [Wal-Mart does] not deny the facts demonstrating the circular journey taken by the "rents" paid by these plaintiffs, but contend[s] that on each leg of the journey [Wal-Mart was] only taking advantage of a lawful deduction afforded them by then-existing tax law. Such a ...
Estate & Tax Planning Musings - http://estate-taxplanningmusings.blogspot.com/
2 Jul 5:18 am by Beck/Herrmann
... would have read and heeded a warning had one been given"); Topliff v. Wal-Mart Stores East LP, 2007 WL 911891, at *43 (N.D.N.Y. March 22 ... , but it holds that California would not recognize a heeding presumption. In Motus v. Pfizer Inc., after a lengthy discussion of California precedent, the court summed up: Given that other no other court ... do not recognize the heeding presumption. See Gurley v. American Honda Motor Co., Inc., 505 So.2d 358, 361 (Ala. 1987) (warning cases "cannot be submitted to ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
28 Mar, 2008 6:00 am
... Full Federal Court considers the meaning of 'relevant to work in the relevant art': Ajinomoto Co Inc v Nutrasweet Australia Pty Ltd: (Mallesons Stephen Jaques), Society of Authors' ... (Spicy IP), Copyright and current reporting: FilmFAIR!: (Spicy IP), The North East on a GI roll!: (Spicy IP), Delhi High Court reserves judgment in Harpic v ... light patent suit against retailers including Costco Wholesale Corp, Ikea, Wal-Mart Stores and Home Depot dismissed for inequitable conduct: (IP Law360), Oakley - ...
IP Thinktank - http://duncanbucknell.com/blog
17 Jul, 2008 6:48 pm
... (3-CA-25918; 352 NLRB No. 99) East Amherst, NY June 30, 2008. [www.nlrb.gov] The Board reversed the administrative law judge's ... judge found further that the Respondents are a single employer and that Cimato Brothers Construction, Inc. was obligated to recognize the Union and to abide by the terms of the collective-bargaining agreements as a result of ... 7, 2008, reasserting arguments made in the first motion and, relying on Wal-Mart Stores, Inc., 351 NLRB No. 17 (2007), asserting the new argument ...
NLRB Law Memo - http://www.lawmemo.com/nlrb/memo/
6 Sep, 2007 2:12 pm
... , Inc. (8-CA-34853, et al.; 350 NLRB No. 76) Columbiana and East Liverpool, OH Aug. 24, 2007. http://www.nlrb.gov/shared_files/Board%20Decisions/350/ ... . Law Judge Clifford H. Anderson issued his decision on June 14, 2004. *** Wal-Mart Stores, Inc. (28-CA-16831, et al.; 350 NLRB No.71) Las ... attention to employees' union activities. Regarding the unfair labor practice allegations at the West Craig store, the Board unanimously affirmed the judge's finding that the Respondent violated Section 8(a)(1) ...
NLRB Law Memo - http://www.lawmemo.com/nlrb/memo/
5 Jan 4:00 am
... nine (9) hearings for the month of January, as listed below. These hearings will be held in the East Wing of the Madison Building. [The hearing schedule and other details regarding attendance ... provided. January 6, 2009 - 2 PM: In re Steve Dworman Enterprises, Inc., Serial No. 76674485 [Section 2(d) refusal of IT REALLY WORKS for "TV ... ground that it failed to function as a trademark.] January 14, 2009 - 10 AM: Wal-Mart Stores, Inc. v. Loufrani, Oppositions Nos. 91150278, 91154632, and 91152145 [ ...
The TTABlog - http://thettablog.blogspot.com
1 Dec, 2008 12:00 pm
... ten (10) hearings for the month of December, as listed below. These hearings will be held in the East Wing of the Madison Building. [The hearing schedule and other details regarding attendance ... binoculars]. December 9, 2008 - 2 PM: In re Steve Dworman Enterprises, Inc., Serial No. 76674485 [Section 2(d) refusal of IT REALLY WORKS for "TV ... RUSSKAYA for vodka, on the ground of abandonment]. December 16, 2008 - 11 AM: Wal-Mart Stores, Inc. v. Loufrani, Oppositions Nos. 91150278, 91154632, and 91152145 ...
The TTABlog - http://thettablog.blogspot.com
18 Oct, 2006 5:26 pm
... Association (IDCA) as the representative of the drug clerks who worked in the pharmacy departments of Raley's California stores, after IDCA disclaimed interest in representing them. The judge found that when Raley's recognized UDCEA, ... Inc. (34-CA-11295, 34-RC-2136; 348 NLRB No. 52) East Haven, CT Sept. 30, 2006. The Board remanded this case to the administrative law judge for ... Judge James J. Kennedy issued his decision Aug. 28, 2003. *** Wal-Mart Stores, Inc. (28-CA-16832, et al.; 348 NLRB No. 46) ...
NLRB Law Memo - http://www.lawmemo.com/nlrb/memo/
21 Jul, 2008 9:46 am
... Vacated and Complaint Dismissed For Failure to Properly Serve Complaint Patrick v. 118 East 60th Owners Inc. KINGS COUNTY Family Law Court Rules Division of Property Does Not ... of Duty Preclude Summary Judgment Barshay v. 273 Brighton Beach Ave. Restaurant Inc. RICHMOND COUNTY Criminal Practice Suppression of Marijuana Discovered After Lawful Arrest Denied; ... YORK Torts Binding State High Court Decision Noted in Dismissal Of Banana Peel Notice Claim Against Wal-Mart Delotch v. Wal-Mart Stores Inc.
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
22 Jan, 2008 3:19 am
... -cv-03389 Rieke Corporation v. American Flange & Manufacturing Co. Inc. filed 06/14/07 1:07-cv-03422 Nashua Corporation ... 07/25/07 1:07-cv-03426 Allied Van Lines, Inc. v. Yachini et al filed 06/18/07 closed 10 ... filed 08/22/07 1:07-cv-04808 Gino's East Services LLC v. Inserra et al filed 08/24/07 ... 04977 SMW Autoblok Spannsysteme GmbH et al v. Clausing Industrial, Inc. filed 09/04/07 1:07-cv-05012 Reproductive Options ... 10/15/07 1:07-cv-05870 TY, Inc. v. Wal-Mart Stores, Inc. filed 10/17/07 closed 12/13 ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
18 May, 2007 3:45 pm
... s request for review. (Chairman Battista and Members Liebman and Walsh participated.) *** Detroit East, Inc. (7-RD-3494; 349 NLRB No. 87) Detroit, MI April 30, ... MacDonald issued her decision Jan. 10, 2005. *** Sam's Club, a Div. of Wal-Mart Stores, Inc. (28-CA-17057, et al.; 349 NLRB No. 94) ... from wearing "badge backers" bearing statements of their rights under the Act at its Spring Mountain store. The Board reversed the judge's findings that the Respondent's dress code was otherwise unlawful and ...
NLRB Law Memo - http://www.lawmemo.com/nlrb/memo/
14 Oct, 2007 5:22 am by Michael Stevens
... did not abuse its sentencing discretion. 07a0416p.06 DeBusscher v. Sam's East, Inc Eastern District of Michigan at Detroit RONALD LEE GILMAN, Circuit Judge. ... goal fell on her while she was shopping in a Sam's Club store operated by a subsidiary of Wal-Mart Stores, Inc. The district court granted summary judgment in favor of ... of Michigan at Grand Rapids BOGGS, Chief Judge. Nestle Waters North America, Inc. ("Nestle") appeals from the district court's dismissal of its claims against Donald and Nancy ...
Sixth Circuit Cases - http://kentuckylaw.typepad.com/sixth_circuit_cases/
27 Feb, 2007 10:41 pm by Chris Mckinney
Today we have a guest post from a friend and great lawyer Brian East. Brian is a civil rights lawyer with Advocacy Inc., which represents disabled individuals in civil rights matters. It is my sincere hope that Brian will agree to do more guest posting as often as possible. In this post, Brian discusses the Eighth Circuit's recent ADA opinion in EEOC v. Wal-Mart. In EEOC v. Wal-Mart Stores
Tags: ADA
The HR Lawyer's Blog - http://www.hrlawyersblog.com
17 Dec, 2008 3:41 pm by admin
... $1.3 million employment discrimination suit brought by African American workers. MN - Wal-Mart to pay $54.25 million to settle wage and hour class action in ... included about 100,000 current and former hourly workers who were employed at Wal-Mart Stores and Sam's Clubs in Minnesota from Sept. 11, 1998, through Nov. ... a less qualified African American was placed in the position. MA - 888 Consulting Group Inc., a Dedham, Mass., temporary employee placement company doing business as TAC Worldwide, has ...
The Laconic Law Blog - http://welterlaw.com/blog
1 Feb, 2008 4:45 am
The Trademark Trial and Appeal Board has scheduled six hearings for the month of February, as listed below. The hearings will be held in the East Wing of the Madison Building. [The hearing schedule and other details regarding attendance may be found at the TTAB website ( ... , in light of the the registered mark HONEYSUCKLE for various clothing items]. February 19, 2008 - 11 AM: Wal-Mart Stores, Inc. v. Loufrani, Oppositions Nos. 91150278 and 91154632 [Oppositions to registration of the SMILEY & ...
The TTABlog - http://thettablog.blogspot.com
17 Apr, 2007 11:30 am by Walsh & Walsh, P.C.
... , but it is likely to be the next big thing in wage and hour litigation until the Wal-Mart appeal winds its way to the Supreme Court. Congratulations to the entire team of Murphy's ... Legal Center of Southern California, Bet Tzedek Legal Services, Centro Legal de La Raza, East Bay Community Law Center, Garment Worker Center, Golden Gate Women's ... Steven B. Katz for Circuit City Stores, Inc., and Chevron U.S.A., Inc.; Sidley Austin and Jeffrey A. Berman for California Association of Health Facilities; ...
Wage Law - http://wagelaw.typepad.com/wage_law/
29 Oct, 2007 8:03 pm
... apparel brands in the world - Gap, Banana Republic, Old Navy and Piperlime." (Gap, Inc., About Gap). That much retail trade requires a great amount of product. And Gap, Inc. feeds its stores with merchandise procured throughout the world. Gap, Inc. does not manufacture a large amount of the products it ... ). ----------, Economic Globalization and the Rise of Efficient Systems of Global Private Law Making: Wal-Mart as Global Legislator, 39(4) UNIVERSITY OF CONNECTICUT LAW REVIEW 1739 (2007). ...
Law at the End of the Day - http://lcbackerblog.blogspot.com
3 Apr 3:49 am
... and the Stored Communications Acto:p> Noted here: Law.Com; Ellen Simon's Employment Rights Post 5th Circuit Taylor v. Peerless Industries, Inc. No. ... pride parade Bill would ban discrimination at work sites because of language Dukes v. Wal-Mart: Workplace Prof Blog provides links to all you need to know about 3 ... EEOC for retaliation; says employee was terminated for opposing sex discrimination> SETTLED Discount Store Marshalls Settles EEOC Sex Harass Lawsuit For $110K [3-30] $300K settles EEOC ...
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
22 Jul, 2008 5:17 pm
... allusion equal endorsement? Three stripes, you're out: Numbers game: Adidas sues Wal-Mart over striped sneakers Oh my, Adidas: Execs don't acknowledge ... from increasing flow of fakes Skin print: Zanzibar henna promised copyright protection Middle East: Dubai Customs discusses piracy issues with foreign delegates Mobdi'e' justice: Sharjah ... to distribute overseas No sale: Police give fakes to charity because thrift stores can't sell them Auction action: Location, location: Alternative auction sites ...
Counterfeit Chic - http://www.counterfeitchic.com/
         
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