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14 Sep 2015, 4:32 pm
While one might argue that the class action mechanism renders such knowledge defenses irrelevant as a matter of collateral estoppel, a class benefitting from the Basic presumption is never accurately defined merely as purchasers between dates “X and Y,” but rather should be defined as purchasers between dates “X + Y, who did not know or believe that the misrepresentation was false or that an omission occurred. [read post]
11 Sep 2015, 8:35 am
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
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]
9 Sep 2015, 8:53 am
Piwowar still has not been made public (In the Matter of Raymond J. [read post]
4 Sep 2015, 9:26 am
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 permanence of the working… [read post]
2 Sep 2015, 12:44 pm
The court noted that these 13 tests had to be applied “flexibly” and ultimately concluded that a question of fact existed and that the matter would need to be resolved by a jury. [read post]
2 Sep 2015, 6:40 am
Section 203(m) provides a limited exception by permitting “the pooling of tips among employees who customarily and regularly receive tips. [read post]
28 Aug 2015, 9:36 am
FILE – Kody Brown, center, poses with his wives, from left, Janelle, Christine, Meri and Robyn in a promotional photo for TLC’s reality TV show, “Sister Wives. [read post]
27 Aug 2015, 12:51 pm
And even if this charade, of calling Fleming as a fact witness, were some sort of tactical cat-and-mouse litigation game between government and defendant, certainly the trial judge should have taken control of the matter by disallowing a witness, not tendered as an expert witness, from offering opinion testimony on arcane statistical issues. [read post]
27 Aug 2015, 6:00 am
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]
23 Aug 2015, 3:41 pm
Siouxland Obstetrics and Gynecology, PC, August 20, 2015, Loken, J.). [read post]
19 Aug 2015, 1:07 pm
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]
13 Aug 2015, 10:35 am
The Honorable John J. [read post]
10 Aug 2015, 8:34 am
Samuel M. [read post]
10 Aug 2015, 5:00 am
” Comm’r Daniel M. [read post]
1 Aug 2015, 2:36 pm
Russell J is highly – highly – critical of the local authority. [read post]
30 Jul 2015, 8:32 am
(Cross posted at Slaw Tips)- Garry J. [read post]
30 Jul 2015, 8:30 am
If and when the matter goes to trial, I’m sure we’ll hear more details about the corruption charges. [read post]
30 Jul 2015, 6:00 am
Matter of J-R-R-A-, 26 I&N Dec. 609 (BIA 2015); The Board held that in the context of an asylum application, if there are sufficient concerns regarding an applicant’s mental competency, the Immigration Judge should first follow the requirements for assessing mental competency found in Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011). [read post]
29 Jul 2015, 5:25 am
Guy M. [read post]
