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3 Aug 2015, 11:29 am by Andrew Hamm
” At Cato at Liberty, Ilya Shapiro urges the Court to grant review and “provide basic First Amendment rights in the context of occupational regulation” in the case of a Texas veterinarian who was charged with violating state law for running a website devoted to pet care. [read post]
1 Aug 2015, 5:30 am by Guest Blogger
 Earlier, on February 17, Texas federal trial judge Andrew Hanen had ruled against the Obama administration, and issued an injunction barring implementation of DAPA nationwide. [read post]
30 Jul 2015, 6:18 am by Joy Waltemath
Thus, the court denied in part the motion for summary judgment regarding any limitations bar against the consideration of sex discrimination claims under Title VII. [read post]
29 Jul 2015, 5:37 pm
At most he might tell you to find a new doctor — a hassle, but generally not something that’s so hard to do. [read post]
28 Jul 2015, 1:35 pm by Anthony B. Cavender
While RCRA’s anti-duplication provisions “may ultimately bar a plaintiff from obtaining relief in a RCRA suit, that result does not mean the statutory limitation is jurisdictional barring recovery”. [read post]
28 Jul 2015, 8:05 am by Cynthia Marcotte Stamer
  Such relief generally is not available under the new penalty relief from for small employers or otherwise if the IRS already has assessed a penalty for late filing. [read post]
27 Jul 2015, 4:54 pm by ken.hirsh@uc.edu
Bankruptcies and business downsizing led companies to grow more frugal on spending for legal services, and the middle class, which already avoided engaging attorneys as a general rule, was even less able to afford obtaining legal advice. [read post]
27 Jul 2015, 11:56 am by Cynthia Marcotte Stamer
Because of the potential legal risks under the Code and ERISA, employers evaluating compliance to determine whether to file a Form 8928 generally should consult with legal counsel about whether and how best to structure and conduct the health plan compliance review to preserve distinctions between their business operations and fiduciary activities performed on behalf of the plan, as well as any opportunities to use attorney-client privilege,… [read post]
23 Jul 2015, 5:48 pm by Lyle Denniston
This marked the second time in recent months that the same three Eighth Circuit judges have raised doubts about using fetal viability as the crucial factor in analyzing state power to curtail or bar abortions. [read post]
20 Jul 2015, 9:07 am by Marty Lederman
  The regulations finalize provisions from three earlier rulemaking actions:  (i) interim final regulations issued in July 2010 concerning general application of section 2713 of the Public Health Services Act, which requires health insurance plans to offer coverage, without cost sharing, of certain "preventive health services"; (ii) interim final regulations issued in August 2014 related to the process by which an eligible religious organization can "opt out"… [read post]
19 Jul 2015, 4:50 pm by Gritsforbreakfast
That normative assessment builds substantially on a framework derived from the state bar's "Performance Guidelines for Non-Capital Criminal Defense Representation. [read post]
11 Jul 2015, 2:14 pm by Cynthia Marcotte Stamer
The heavy reliance by group health plans and health insurers upon internet based applications and portals to carry out online enrollment, claims administration and payment, reporting and a host of other key health plan functions makes it particularly important for health plans, their employer or other sponsors, fiduciaries, vendors, and other involved in health plan administration or using or accessing health plan data to verify and ensure the internet data sharing and other applications and portals… [read post]
8 Jul 2015, 11:58 am
” Second, the public closely associates official state license plate designs with the state. [read post]
7 Jul 2015, 7:13 am by Mark S. Humphreys
Following the general rule in Texas, the instant case is therefore not ripe. [read post]
6 Jul 2015, 9:45 am by Eric Goldman
” McCool intended to leverage the fact that state court judges are elected to sway how the judges ruled. [read post]
1 Jul 2015, 7:50 am by Lindsay Stafford Mader
Because strained finances can increase the need for legal aid lawyers as well as attorneys doing pro bono work, the State Bar of Texas and the Texas Access to Justice Commission support groups offering such services around the state. [read post]