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28 Aug 2014, 7:04 am by Joy Waltemath
While the appeals court remanded for a trial on those two issues, it upheld the jury’s finding that the employer’s drug tests were neither job related nor a matter of business necessity (Bates v Dura Automotive Systems, Inc, August 26, 2014, Cook, D). [read post]
27 Aug 2014, 3:57 am by David DePaolo
"Much depends on Dura’s credibility," the court said, stating it was possible a jury could see Dura’s explanation as a pretext, or find that the drug test had targeted information about employees' physical or mental health, regardless of Dura’s stated intent.But it was not a matter of law that Dura violated the ADA.The case is Bates et al. v. [read post]
21 Aug 2014, 1:23 pm
Courts, which oversees various matters related to the federal judiciary. [read post]
15 Aug 2014, 10:39 am by Nadia Kayyali
It decides matters like the now infamous Verizon order leaked by Edward Snowden, which allowed for the collection of call detail records for millions of innocent Verizon customers. [read post]
9 Aug 2014, 7:00 am by Tara Hofbauer
Matt Waxman highlighted an article he wrote on the matter for CNN’s Global Public Square. [read post]
7 Aug 2014, 10:16 am by Tara Hofbauer
In it, Judge Bates explains why a FISC public advocate poses a problem from both a privacy and national security standpoint. [read post]
6 Aug 2014, 5:47 pm by Benjamin Wittes
Judge Bates was writing as the director of the Administrative Office of the Courts, serving as the federal courts’ voice on surveillance matters. [read post]
18 Jul 2014, 11:55 am
  We await the reargued decision with bated breath – actually that’s not true; we’d be bluer than a Blue Dog Democrat if that were so. [read post]
8 Jul 2014, 11:00 am by Karen Tani
Children, Consent, and the Early English Empire” -Serena Mayeri “’Hapless’ and ‘Innocent’ Children: Child-Centered Arguments in the Law of the Non-Marital Family” Commentator: Susanna Blumenthal Keynote Address Michael Grossberg “Why Kids Matter: Age as a Useful Category of Analysis in Legal History” Monday, June 2 Panel 2: The Problem of Unattached Children -Juandrea Bates “I Am Only a Boy in These… [read post]
2 Jul 2014, 12:05 pm by David Schaaf
No matter how many times a litigator takes a new matter, some new wrinkle or challenge will interfere with their plans. [read post]
29 Jun 2014, 7:12 am by Mark S. Humphreys
An insured's mere knowledge of his or her health condition is insufficient to prove intent to deceive as a matter of law. [read post]
27 Jun 2014, 6:19 am by Jim Sedor
The newspaper discovered a company run by Elevate founder Howard Bates received $500,000 in state money from an Elevate-run fund. [read post]
20 Jun 2014, 7:07 am by Robert Rhoad
” The discussion will center around the more prominent issues where the measurement of FCA damages and penalties remains a matter of close... [read post]
20 Jun 2014, 4:52 am by Michelle Kell
Native files are important to keep for authentication purposes, but review is typically conducted using images of the original files in order to: Bates stamp and track documents Redact privileged information Prevent spoliation of the original data files. [read post]
19 Jun 2014, 10:05 am
A few weeks ago, District Judge John Bates denied a request by Shelby County itself. [read post]
16 Jun 2014, 10:01 pm by Dan Flynn
“Both the private laboratory records and the records from federal and state agencies are testimonial because they are offered for the truth of the matter asserted,” the defense writes. [read post]
29 May 2014, 9:42 am
Bates van Winkelhof, pits a major London law firm against Krista Bates van Winkelhof, a former equity partner who claims she was dismissed after disclosing bribery misconduct by a managing partner at an associate firm in Tanzania.In the U.K., as in Canada, employees who blow the whistle on corporate misconduct are protected from blowback. [read post]
20 May 2014, 1:19 pm by Steve Vladeck
And once a final judgment is entered in any case in which an amicus has appeared, that’s the end of the matter; the bill provides no mechanism for the amicus to pursue any form of rehearing or appellate review. [read post]