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Government immunity is a concept that is present in almost all personal injury cases that name a government entity or employee as a defendant. [read post]
2 Jan 2017, 12:18 pm by Barry Sookman
The test for their enforceability does not, however, depend on meeting the high standards described by the court. [read post]
29 Dec 2016, 2:18 pm by Michael S. Levine
”  In finding that the insurer had a duty to defend Portal Healthcare against the class action, the district court (whose decision was affirmed) emphasized that (1) “‘publication’ does not hinge on the would-be-publisher’s intent”, (2) that “unintentional publication is still publication” and (3) that “publication does not hinge on third-party access. [read post]
20 Dec 2016, 1:48 pm by Rick St. Hilaire
"This portion of the PATRIOT Act is formidable because it declares that forfeitable property does not have to be part of the proceeds of terrorism, meaning that the assets do not have to be connected in any way with actual acts of terror. [read post]
19 Dec 2016, 10:45 am by Courtney M. Bowman
The “new” controller (i.e. the entity to which the data subject transmits the data) must respect the privacy rights of these third parties. [read post]
15 Dec 2016, 7:35 am by Joy Waltemath
Could an appeal be heard and decided before January 20, when President Trump takes office? [read post]
14 Dec 2016, 9:16 am by Matthew David Brozik
The defendants argued that Blagman’s complaint did not satisfy the standard “requiring a plausible claim to relief because (1) he does not make specific allegations of copyright infringement; (2) his generalized assertions of industry-wide infringement fail to state a claim of copyright infringement; and (3) [he] makes no allegations of willful infringement. [read post]
13 Dec 2016, 11:04 am by Dennis Crouch
In its reply brief, Medgraph explained that (1) Medtronic instructed users to practice the claim steps; and (2) Medtronic ‘admits’ that about 20% of patients used the system in an infringing manner. [read post]
8 Dec 2016, 12:40 am by Keith Mallinson
Actual figures paid are, on average, less than one sixth that figure, at under $20 or below 5 percent of total handset costs.Her source is not cited. [read post]
23 Nov 2016, 2:42 am by The Law Offices of John Day, P.C.
§ 29-20-205(1) provides an exception for the removal of governmental immunity if the governmental entity is exercising a discretionary function. [read post]
21 Nov 2016, 2:46 pm by Debra A. McCurdy
The final rule implements a statutory requirement that CMS reduce by 20 percent the technical component of an X-ray service taken using film; physicians will be required to use a new “FX” modifier on claims for film X-rays effective January 1, 2017. [read post]
21 Nov 2016, 2:46 pm by Debra A. McCurdy
The final rule implements a statutory requirement that CMS reduce by 20 percent the technical component of an X-ray service taken using film; physicians will be required to use a new “FX” modifier on claims for film X-rays effective January 1, 2017. [read post]
21 Nov 2016, 3:20 am by Peter Mahler
It does not state that a majority of the disinterested members is required, as the [plaintiffs] assert. [read post]
Under the new rule, any establishment with more than 250 employees, or more than 20 employees in high-risk industries, must file this report by July 1, 2017. [read post]
 Both are scheduled to go into effect on July 1, 2017, and a new Illinois law pertaining to sick pay benefits is set to take effect on January 1, 2017. [read post]
 Both are scheduled to go into effect on July 1, 2017, and a new Illinois law pertaining to sick pay benefits is set to take effect on January 1, 2017. [read post]
8 Nov 2016, 11:42 am
Blake, District JudgeHoldings:  (1) Personal jurisdiction over an out-of-state entity can be shown when a related entity transacts business in Maryland and the out-of-state entity does not maintain separate books and records, accounting procedures and directors’ meetings from the related entity. [read post]