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17 Apr 2014, 7:12 am by Joy Waltemath
Rejecting this argument, the court here stated that it would “not follow the reasoning of an out of circuit decision from 1995, in the light of contrary and much more recent Ninth Circuit decisions which explicitly import an employee’s disability into the causation analysis when an employee has been terminated for disability related ‘misconduct. [read post]
15 Apr 2014, 9:29 am by Ronald Mann
  To be sure, the Court has barred suits against generic manufacturers in two decisions following up on Wyeth (PLIVA, Inc. v. [read post]
9 Apr 2014, 6:12 am by Joy Waltemath
The court also concluded that the gross negligence claim was properly dismissed as time-barred and “barred by operation of Workers’ Compensation Law. [read post]
8 Apr 2014, 5:25 pm by Law Lady
Attorneys -- Discipline -- Bringing of frivolous action -- Knowingly disobeying court order to pay attorney's fees -- Presenting criminal charges solely to obtain an advantage in a civil matter -- Conduct prejudicial to administration of justice -- In light of attorney's conduct, disciplinary history, false statements to referee, and other aggravating factors, three-year suspension is appropriate disciplineTHE FLORIDA BAR, Complainant, v. [read post]
5 Apr 2014, 4:36 am by The Public Employment Law Press
Treatment of Marriages of Same-Sex Couples for Retirement Plan PurposesThe IRS has issued Notice 2014-19, which provides guidance on how qualified retirement plans should treat the marriages of same-sex couples following the Supreme Court’s decision in United States v. [read post]
3 Apr 2014, 11:08 am by Abbott & Kindermann
Both federal and state environmental review were necessitated for the project, however the appellate court only reviewed the relevant state law issues. [read post]
3 Apr 2014, 12:38 am by Florian Mueller
But patents protect only an inventive contribution to the state of the art. [read post]
2 Apr 2014, 7:11 am by Joy Waltemath
Denying JCI’s motion for summary judgment on the disability discrimination claims under the ADA and state law, the court first addressed whether a three-part test from Frengler v GM, a 2012 unpublished Sixth Circuit case, or a five-part test under Whitfield v Tennessee, a 2011 published decision, applied for purposes of a prima facie case. [read post]
29 Mar 2014, 4:05 pm by Kirk Jenkins
 The Supreme Court reversed and remanded for reconsideration in light of Stolt-Nielsen S.A. v. [read post]
28 Mar 2014, 2:42 pm by Michael Walsh
  The court initially granted review to address whether California statutes preserving access to state protections and remedies regardless of immigration status barred such a ruling. [read post]