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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 building's doors, during… [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 building's doors, during… [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]
20 Mar 2024, 9:03 am by Maribeth Meluch
In this decision, the NLRB overruled its previous decision in Wal-mart Stores, Inc. and reinstituted its former standard that an employer can only interfere with employee rights to display insignia, badges or buttons, in “special circumstances” that would justify interference. [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]
27 Nov 2023, 7:32 am
" Thus, the phrase as issue here is unlike the phrase INVESTING IN AMERICAN JOBS in In re Wal-Mart Stores, 129 USPQ2d at 1153-56, where the evidence of Wal-Mart's own use and of common use of across different industries and manufacturing contexts "informed consumer perception of the phrase for the applicant’s retail store services and promotional services for goods made or assembled by American workers. [read post]
30 Oct 2023, 8:51 am by jonathanturley
Rando is a case that shows that the greatest danger of costumes can be a matter of interpretation. [read post]
24 Jun 2023, 1:31 pm by admin
In the Bureau’s announcement, it stated that its investigation into alleged bread related price-fixing by other companies, including Metro Inc., Sobeys Inc., Wal-Mart Canada Corporation, Giant Tiger Stores Limited and Maple Leaf Foods Inc. is ongoing. [read post]
29 Mar 2023, 5:01 am by Eugene Volokh
If you just blithely ignore it, and publish the story despite having been told that it may well be mistaken, that would be textbook "reckless disregard," which would allow liability even in a public official case: Consider, for instance, Harte-Hanks Communications, Inc. v. [read post]
23 Mar 2023, 12:46 pm by Joshua Fox and David Gobel
Cases involving the applicability of Wal-Mart Stores, 368 NLRB No. 24 (2019) (broadly defining an intermittent strike). [read post]
23 Mar 2023, 12:46 pm by Joshua Fox and David Gobel
Cases involving the applicability of Wal-Mart Stores, 368 NLRB No. 24 (2019) (broadly defining an intermittent strike). [read post]
23 Mar 2023, 12:46 pm by Joshua Fox and David Gobel
Cases involving the applicability of Wal-Mart Stores, 368 NLRB No. 24 (2019) (broadly defining an intermittent strike). [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]