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21 Sep 2015, 5:00 am by Daniel E. Cummins
Sept. 11, 2015 Schwab, J.), involved a class action matter based upon an on alleged invalid UIM/UM rejection form. [read post]
21 Sep 2015, 2:37 am by Dave
Following hard on the heels of Js excellent post on the Immigration Bill, we now have further discussion of the EU right to reside rules by the CJEU in Jobcenter Berlin Neukolln v Alimanovic  Case C-67/14 (to which I might say, good luck landlords). [read post]
11 Sep 2015, 8:35 am by Eric Goldman
I’m aware of the critical role that online advertising can play in human sex trafficking and other associated crimes. [read post]
11 Sep 2015, 6:53 am by Docket Navigator
D&M Holdings Inc. d/b/a The D+M Group et al, 1-14-cv-01330 (DED September 9, 2015, Order) (Andrews, J.) [read post]
4 Sep 2015, 9:26 am by Anthony Zaller
Finally, the Borello test has five additional factors borrowed from the Fair Labor Standards Act (FLSA) in making a determination of a worker’s classification: (i) the alleged employee’s opportunity for profit or loss depending on his managerial skill; (j) the alleged employee’s investment in equipment or materials required for his task, or his employment of helpers; (k) whether the service rendered requires a special skill; (l) the degree of… [read post]
2 Sep 2015, 12:44 pm by Greg Mersol
Not content with just those factors, the court looked to California law and found still others, such as (i) the alleged employee’s opportunity for profit or loss depending on his or her managerial skill; (j) the alleged employee’s investment in equipment or materials required for his or her task, or his or her employment of helpers; (k) whether the service rendered requires a special skill; (l) the degree of permanence of the working relationship; and… [read post]
2 Sep 2015, 6:40 am by Joy Waltemath
The district court granted the restaurant’s motion for summary judgment, holding that, as a matter of law, the coffeeman was an employee who customarily and regularly received tips. [read post]
28 Aug 2015, 9:36 am
One can share one’s home and create a family with someone in addition to one’s spouse. [read post]
27 Aug 2015, 12:51 pm by Schachtman
The trial judge refused this motion on grounds that (1) at one point Fleming had been listed as an expert witness; (2) Fleming’s curriculum vitae had been marked and admitted into evidence; and (3) “[m]ost damningly,” according to the trial judge, Harkonen’s lawyers had failed to object to Fleming’s holding forth on opinions about statistical theory and practice. [read post]
27 Aug 2015, 6:00 am by Administrator
Writing for a majority of the Supreme Court in Hinchey, L’Heureux-Dubé J. reiterated the importance of this point by concluding that: For a government, actual integrity is achieved when its employees remain free of any type of corruption. [read post]
19 Aug 2015, 1:07 pm by Schachtman
Frank thus moved to quash the subpoena in the district where he was served, and the matter ended up on the docket of Judge Gerald J. [read post]