Search for: "State v. Court of Appeals, Division I"
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23 Jul 2015, 5:04 am
The Supreme Court and Circuit Courts of Appeals have developed a multi-factor “economic realities” test to determine whether a worker is an employee or an independent contractor under the FLSA. [read post]
23 Jul 2015, 4:30 am
On Tuesday, the Third Circuit Court of Appeals issued this unpublished opinion in which it too examined the factors that it felt are important for determining employment status under the FLSA (and New Jersey state law). [read post]
17 Jul 2015, 11:05 am
Court of Appeals for the 9th Circuit (official photo) On Tuesday, I began serializing “Criminal Law 2.0,” a new article by Judge Alex Kozinski — for whom I clerked 20 years ago, who is one of our nation’s most prominent appellate judges and has long been seen as on balance a libertarianish conservative (appointed by President Ronald Reagan). [read post]
15 Jul 2015, 11:38 am
The July 15, 2015 Court of Appeals opinion Ricigliano v. [read post]
14 Jul 2015, 8:13 pm
I. [read post]
14 Jul 2015, 9:04 am
Although the New York Court of Appeals had issued a ruling on point on the dangerous-instrument issue, the State Appellate Division affirmed the appeal.Like I said, Lynch did bad things. [read post]
12 Jul 2015, 5:34 pm
Since the IRS is not a party to this proceeding and in any event would not be bound by any determination of this court under Commissioner v. [read post]
6 Jul 2015, 6:34 am
” Somewhat tantalisingly Weller v Associated Newspapers [2014] EWHC 1163 (QB) – involving the publication of photographs of children (not suspected of any misconduct) taken in a public place which held that the parents’ conduct was a relevant factor (currently on appeal to the Court of Appeal) – was not referred to in the judgment. [read post]
3 Jul 2015, 4:40 pm
” Somewhat tantalisingly Weller v Associated Newspapers ([2014] EWHC 1163 (QB))– involving the publication of photographs of children (not suspected of any misconduct) taken in a public place which held that the parents’ conduct was a relevant factor (currently on appeal to the Court of Appeal) – was not referred to in the judgment. [read post]
3 Jul 2015, 4:28 am
A comparative reprise", guest Kat Alberto Bellan discussed reactions to the decision of the Court of Justice of the European Union (CJEU) in Case C-530/12 P OHIM v National Lottery Commission, [explained in his earlier Katpost here] in which that court set aside a decision of the General Court that had effectively allowed the cancellation of National Lottery's Community trade mark on the basis of evidence which was… [read post]
30 Jun 2015, 4:37 am
I couldn't even reach the barf bags...Fortunately my zen-like focus quelled the queasiness, and I made an otherwise uneventful landing, and I actually felt quite fine on final approach.And yesterday the U.S. 9th Circuit Court of Appeals affirmed SB 863's imposition of a lien activation fee in Angelotti Chiropractic v. [read post]
30 Jun 2015, 2:57 am
The court of appeals found the district court’s ruling accurate “while incorrect in its specific formulation. [read post]
29 Jun 2015, 9:01 pm
In Employment Division v. [read post]
26 Jun 2015, 9:33 pm
Neither matter was appealed nor does the Daughter submit no authority whatsoever from any higher court. [read post]
26 Jun 2015, 5:31 am
Bankston, 2009–Ohio–754 (Ohio Court of Appeals 2009).State v. [read post]
25 Jun 2015, 9:01 pm
” And, of course, the Supreme Court decided Roe v. [read post]
23 Jun 2015, 9:01 pm
The wife relied primarily on the 2013 decision of the Appellate Division, Second Department in Rio v. [read post]
23 Jun 2015, 12:29 pm
The 1996 version of INA 101(a)(48)(A) derives from the three prong test ofthe Board ofimmigration Appeals in Matter ofOzkok, 19 I&N Dec. 546, 551-52 (BIA 1988)(available at http://www.justice.gov /eoir/vll/intdec/voll9/3044.pdf). [read post]
22 Jun 2015, 9:01 pm
Court of Appeals for the Fifth Circuit, which has yet to issue a ruling in a pending case, DeLeon v. [read post]
19 Jun 2015, 5:51 am
See Barone v. [read post]
