Search for: "IN RE CERTIFICATION OF QUESTION OF STATE LAW"
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Court of Appeal delivers stunnig rebuke of misclassification certification opinions based on Brinker
27 Jan 2014, 10:37 am
As to the third and fourth findings, the trial court acknowledged the existence of common questions of law and fact, but concluded there remained significant individual disputed issues of fact relating to the amount of time spent by individual class members on particular tasks. [read post]
11 Nov 2012, 11:18 pm
Background of Amgen and Path to the Supreme Court The issue in Amgen is the predominance requirement of Federal Rule of Civil Procedure (“Rule”) 23(b)(3), which states that a court may not certify a class for trial without determining that “questions of law or fact common to class members predominate over any questions affecting only individual members. [read post]
13 Mar 2014, 2:11 pm
A recent decision of the United States District Court for the Western District of Pennsylvania dismissed, as a threshold question of jurisdiction, a plaintiff’s allegation seeking a nationwide class, because the plaintiff personally had standing to sue only under the law of the state where the financial services in question were provided to her. [read post]
1 Feb 2023, 7:45 am
They’re also based in the United States – a fact that many lawyers value. [read post]
30 Dec 2016, 1:27 pm
In re EPA & Dep't of Def. [read post]
7 Dec 2021, 1:58 am
Hopefully, this was covered in your technology class for your paralegal certificate program. [read post]
2 Sep 2016, 12:00 am
Well… When you have a registration, you get a legal presumption of the validity of the copyright and of the facts stated in the copyright certificate and records. [read post]
31 Dec 2012, 8:44 am
, Law at the End of the Day Dec. 28, 2012). [read post]
6 Jul 2021, 6:38 am
Other studies found even lower rates of success with appellate courts, on par with the low success rates for certified questions of state law. [read post]
12 Jan 2009, 10:35 pm
We have compiled a list of the most common questions that people ask us when attempting to file the Marriage based Green Application in the United States. [read post]
25 Jul 2009, 7:40 am
And where you think they're goin'. [read post]
29 Jan 2021, 11:32 am
You should not make the mistake of “re-incorporating” in the other states by filing another certificate of formation or articles of organization. [read post]
26 Nov 2012, 5:58 am
Other Seventh Circuit opinions, including some by Judge Posner, focus heavily on differences in state law in finding certification inappropriate. [read post]
7 Apr 2009, 3:18 am
New Jersey law dictates that an individual who retires and then accepts employment in a PFRS covered position will lose retirement benefits and be required to re-enroll in PFRS, N.J.S.A. 43:16A-3.1. [read post]
15 Oct 2010, 3:40 pm
In the state-law class action, it provided for notice and opt out, but subsequently invalidated the opt outs. [read post]
29 Apr 2010, 9:24 am
[t]he district court must analyze underlying facts and legal issues going to certification questions regardless of any overlap with the merits. [read post]
20 Jan 2012, 2:34 pm
On important state law matters, it makes some sense to let the highest state court have a shot at resolving the issue.But that doesn't mean the state court has to answer the question. [read post]
23 Jan 2014, 5:54 am
Recent changes have further affected the regulatory requirements, which deal with certification and re-certification issues. [read post]
15 Aug 2013, 7:50 am
documentID=718If one of the above-referenced documents is not presented to CBP at the time of re-importation into the United States, the importer must present documentary evidence that supports the claim that subject articles were exported and re-imported by the same person without having been advanced in value or improved in condition by any process or other means while outside the United States. [read post]
20 Mar 2012, 3:46 pm
Mosley involved re-initiation by law enforcement; Bradshaw and Edwards involved re-initiation by the suspect. [read post]