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28 Jun 2018, 11:00 pm
The decision is a win for brick-and-mortar retailers, states and localities, but it presents new challenges for online retailers as they consider how to handle increased administrative burdens and compliance challenges. [read post]
1 Jul 2022, 9:02 pm by Public Employment Law Press
"At a trial on a State HRL claim, the plaintiff employee still bears the burden of proving the existence of a reasonable accommodation that would have enabled the employee to perform the essential functions of his or her position" (Jacobsen v New York City Health & Hosps. [read post]
1 Jul 2022, 9:02 pm by Public Employment Law Press
"At a trial on a State HRL claim, the plaintiff employee still bears the burden of proving the existence of a reasonable accommodation that would have enabled the employee to perform the essential functions of his or her position" (Jacobsen v New York City Health & Hosps. [read post]
5 Mar 2023, 7:34 am by Liberty Ritchie
Most other states appear to follow the rule that insurers bear the burden of proof when attempting to apply exclusions, and, therefore, would likely hold similarly regarding coinsurance clauses. [read post]
4 Oct 2017, 8:30 am by Gene Quinn
Judge O'Malley explained that the majority of the Federal Circuit found the statute on this point to be ambiguous and, therefore, no deference was given to any interpretation of the United States Patent and Trademark Office (USPTO) under Chevron, U.S.A., Inc. v. [read post]
21 Jun 2013, 11:41 am by Gene Quinn
On May 20, 2013, the United States Supreme Court granted cert. in Medtronic v. [read post]
29 Jun 2016, 5:23 am by Mark Graber
Justice Samuel Alito’s dissent from a denial of certiorari in Storman’s Inc. v. [read post]