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12 May 2024, 12:40 pm
Claimants who find themselves facing the above argument by the employer in litigation should be aware of a number of important precedents that could help them survive a motion to dismiss, or even win their case on the merits: “Evidence of ‘essential functions’ may include the employer’s judgment, written job descriptions, the amount of time spent on the job Continue Reading The post Disability Discrimination Claims By Salepeople Fired For “Not Meeting… [read post]
12 May 2024, 11:54 am
” Without regard to one’s perspective on the merits of the claims, the dismissal of this case after nearly a decade but before even the first witness was called, which was requested with apparent equal vigor by the Obama, Trump, and now Biden administrations make this dismissal troubling. [read post]
12 May 2024, 7:37 am
First, SCOV answers the question of whether a CHINS merits adjudication in a juvenile case when the child is returned to the parents' custody at disposition, without any conditions, presents a live controversy. [read post]
12 May 2024, 3:51 am
This post dives into how confidentiality is dealt with in the UPC by discussing the relevant provisions first (Part A) and then some recent guidance from the case law (Parts B and C). [read post]
11 May 2024, 3:08 pm
Recognizing such acts is the first step toward justice. [read post]
10 May 2024, 2:53 pm
This term there will be about 60 merits decisions. [read post]
10 May 2024, 12:53 pm
The post Oakland airport fires back at San Francisco, filing counterclaim over name change appeared first on J&Y Law Firm. [read post]
10 May 2024, 12:33 pm
Circuit Denies Stephen Bannon's Appeal of Contempt of Congress Conviction appeared first on Reason.com. [read post]
10 May 2024, 12:18 pm
" This becomes circular, he said, "because we're going to decide the merits a couple of years from now. [read post]
10 May 2024, 9:01 am
First is the scope of Trump’s criminally chargeable conduct. [read post]
10 May 2024, 9:00 am
Respondent Lake George Park Commission (hereinafter the LGPC) is responsible for the management of Lake George and surrounding park areas including the wetlands situated therein (see ECL 43-0101), and is located within the Adirondack park and, therefore, within the purview of the APA.In this capacity, the LGPC has conducted extensive removal and remediation projects targeting Eurasian watermilfoil (hereinafter EWM), an aquatic invasive plant that was first identified in Lake George… [read post]
10 May 2024, 9:00 am
Respondent Lake George Park Commission (hereinafter the LGPC) is responsible for the management of Lake George and surrounding park areas including the wetlands situated therein (see ECL 43-0101), and is located within the Adirondack park and, therefore, within the purview of the APA.In this capacity, the LGPC has conducted extensive removal and remediation projects targeting Eurasian watermilfoil (hereinafter EWM), an aquatic invasive plant that was first identified in Lake George… [read post]
10 May 2024, 7:09 am
All federal agencies are bound by the MSPs, and when a federal agency violates an MSP, the employee or employees affected by the agency’s violation can—and should—hire a federal employment lawyer to help […] The post An In-Depth Look at the Federal Merit System Principles (MSPs) appeared first on The Law Firm of J.W. [read post]
10 May 2024, 6:45 am
While we hold that State Petitioners have standing to raise their constitutional claim, we reject it on the merits. [read post]
10 May 2024, 5:10 am
Since thisargument has no merit, the Court must dismiss plaintiff’s complaint. [read post]
10 May 2024, 2:30 am
It merits mention that MI relied upon extensive experimental evidence which it had conducted in the normal course of its business, rather than litigation experiments which followed the procedural regime of the Patents Court. [read post]
9 May 2024, 10:07 pm
It is the Oracles at One First Street. [read post]
9 May 2024, 6:32 pm
Cases that merit charges may involve children at risk, weapons, and acts or threats of violence. [read post]
9 May 2024, 3:59 pm
We first conclude that Appellants have not shown a substantial likelihood of success on the merits that the DOL's rule was issued without statutory authority. [read post]
9 May 2024, 2:41 pm
So how is it that, in civil forfeiture, the government may confiscate property first and provide process later? [read post]
