Search for: "and all others Similarly Situated"
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30 Nov 2012, 6:51 am
Applying the standard that the plaintiffs must make a “modest factual showing” that the class members are similarly situated, the court ultimately denied the motion. [read post]
30 Nov 2012, 6:51 am
Applying the standard that the plaintiffs must make a “modest factual showing” that the class members are similarly situated, the court ultimately denied the motion. [read post]
7 May 2021, 7:07 pm
Claudia Duarte Agostinho and Others v. [read post]
28 Jan 2010, 9:36 am
Joseph Fishkin, currently a fellow at the Yale Law School, sent me the following post following my own earlier critique of Arkansas Senator Blanche Lincoln, which I share with his permission:But I think there's another powerful incentive that she and other similarly situated Democrats face: the desire to maintain their own power, through being at or near the crucial fulcrum (now apparently 60 votes!) [read post]
17 May 2017, 5:40 am
The district court properly rejected his claim he was subjected to harsher work requirements than other LSCs, because none of the others had been issued a written warning and thus were not similarly situated to him in all relevant respects. [read post]
14 Sep 2017, 7:00 am
According to the Conciliation Agreement between the parties, the OFCCP found statistically significant adverse impact against females in the selection process for Lab Assistant and that Asians were paid less than similarly situated non-Asian White employees in the Lab Assistant position. [read post]
15 Oct 2018, 11:50 am
The man, on his own behalf and on behalf of those similarly situated, filed a complaint Sept. 20 in Orange County Circuit Court against Rosen Hotels and Resorts Inc., alleging violation of the Fair Labor Standards Act. [read post]
9 Jul 2012, 11:48 am
June 25, 2012), the plaintiff brought a purported class action against her title insurer and a related title insurer, on behalf of herself and similarly situated individuals, but failed to allege that the related title insurer injured her, as required to establish Article III standing to bring suit against the related title insurer. [read post]
9 Sep 2015, 6:58 am
In other words, this approach isn’t something new at all. [read post]
15 May 2007, 9:13 am
Similarly, the presence of a teaching away should create a presumption of non-obviousness, rebuttable by other secondary considerations suggesting the advancement was merely trivial or by other parts of the prior art demonstrating that one of skill in the art would not view this combination as being discouraged by the prior art. [read post]
17 Jun 2011, 5:33 am
As opposed to other medical complications that can be traced to the poor care or decision making of one person, situations where a person has developed decubitus ulcers during a nursing home admission are generally reflective of an entire facility poorly doing their job. [read post]
2 May 2017, 8:45 am
While the first sentence [of § 216(b)] sounds in representational terms (to proceed ‘in behalf of’ others ‘similarly situated’), the second sentence refers to those who file consents as ‘party plaintiffs,’ seeming to imply that all who affirmatively choose to become participants have an equal, individual stake in the proceeding. [read post]
2 May 2017, 8:45 am
While the first sentence [of § 216(b)] sounds in representational terms (to proceed ‘in behalf of’ others ‘similarly situated’), the second sentence refers to those who file consents as ‘party plaintiffs,’ seeming to imply that all who affirmatively choose to become participants have an equal, individual stake in the proceeding. [read post]
28 Aug 2023, 9:01 pm
Similarly, perhaps students should be left more to their own devices in their searches for appropriate post-graduation employment. [read post]
11 Mar 2013, 6:01 pm
As part of this revision to the bankruptcy laws, argued th States, Title II expressly eliminated the federal guarantee that similarly situated creditors will receive equal treatment, by empowering the FDIC to depart from the ordinary rules of bankruptcy law and to discriminate among similarly situated creditors.The State Plaintiffs have been and continue to be directly and actually injured by Title II’s modification of the bankruptcy laws. [read post]
10 Feb 2010, 5:56 am
Representing Corpus Christi residents Sylvia and Albert Pena III and others similarly situated, attorney Hilliard filed suit against Toyota Motor Corp. and Toyota Motor Sales USA Inc. [read post]
19 Apr 2021, 5:01 am
., decided earlier this month: This case is brought by Plaintiff Silva Harapeti on behalf of herself and other similarly situated individuals against CBS Television Stations, Inc. and CBS Broadcasting, Inc. [read post]
17 Oct 2018, 10:11 am
The 9thstresses that the police do not enjoy the enforcement presumption of prosecutors and that discovery of similarly situated individuals is impossible to obtain by any other means. [read post]
20 Jan 2023, 10:00 pm
Given that “fraudulent and deceptive conduct,” Scheibe’s suit (filed on his own behalf and others similarly situated) seeks, among other things, to enjoin the “unlawful,” “fraudulent,” and “’unfair’ business practices,” to recoup damages (actual, punitive and consequential), together with the reimbursement of all legal fees, costs and disbursements.Scheibe’s complaint notes that it… [read post]
21 May 2013, 9:21 am
Sergeant Allen later brought a class action lawsuit against the City, alleging that he and other similarly situated officers were entitled to unpaid overtime compensation under the FLSA for off-duty use of their BlackBerrys. [read post]
