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15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the… [read post]
15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the… [read post]
8 May 2024, 2:26 pm by Kevin LaCroix
  The behavioral economics field gives us principles that suggest the loss of social security benefits will yield strong emotional and/or litigious responses, with the potential for carry-over into the private pension sphere.[7]  To  summarize why this is likely to occur: (1) individuals—using the status quo as their reference point—tend to view change as either a gain or a loss from the status quo; (2) “[s]ince losses loom larger [people feel them more… [read post]
11 Mar 2024, 9:01 pm by renholding
Wal-Mart Stores, Inc., the court referred to the SEC staff’s no-action letter process on shareholder proposals as a “we-know-it-when-we-see-it” approach. [read post]
14 Sep 2023, 8:27 am by Andy Taylor
Wal-Mart Stores, Inc., 2014 Ark. 517, at 6, 451 S.W.3d 584, 587, the Arkansas Court of Appeals held that if a circuit court has more than one independent ground for its decision, and the appellant does not address all of the grounds, then the Court of Appeals will “affirm without addressing any of the grounds. [read post]
10 Nov 2022, 5:00 am
Wal-Mart, Inc., No. 2:2022-CV-1217 (E.D. [read post]
30 Oct 2022, 10:01 am by jonathanturley
Here is my annual list of Halloween torts and crimes. [read post]
Wal-Mart Stores, Inc., 881 F.3d 786, 789 (9th Cir. 2018) (“We have jurisdiction to review the district court’s sua sponte remand order pursuant to 28 U.S.C. [read post]
22 Feb 2022, 2:33 am
In re Eagle Crest Inc., 96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc., 129 USPQ2d 1148, 1149-50 (TTAB 2019). [read post]
26 Jan 2022, 4:49 am
Although "color is usually perceived as ornamentation," color on product packaging may be "inherently distinctive if '[its] intrinsic nature served to identify a particular source.'" Wal-Mart Stores, Inc. v. [read post]