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23 Dec 2018, 5:31 am
Defaults matter, and what struck me was that this is the progressive version of the default that all accused defendants are presumed guilty. [read post]
24 Aug 2020, 2:00 am
She further alleged that in the past, white journalists who commented publicly on certain social issues weren’t subsequently barred from reporting on the same matters. [read post]
15 Sep 2011, 5:31 pm
” Moreover, these decisions to buy the yogurt don’t, as a matter of law, contradict a potential finding of materiality; materiality exists when “a reasonable man would attach importance to [a fact’s] existence or nonexistence in determining his choice of action in the transaction in question. [read post]
23 Apr 2013, 7:05 am
The matter then went to HHJ Simpkiss on appeal on the 31st July 2012, when he overturned the decision saying that the payment was rent and not a security. [read post]
13 Oct 2010, 3:01 pm
As a matter of fact, the petitioner argued that Article 6 of the European Convention on Human Rights (“ECHR”) had been violated in the appeal proceedings.[19] Although the petitioners argue at some length that A 112a(2) and R 104 must be so construed as to allow a complaint under Article 6 ECHR, the EBA has in decision R 16/09 [2.3.5-6] held that the list of grounds contained in those two provisions is exhaustive and that an alleged procedural defect which does not appear on… [read post]
21 Jun 2019, 3:55 pm
Aerotek removed the case to federal district court, premising federal subject matter jurisdiction on the Class Action Fairness Act (CAFA). [read post]
2 May 2018, 6:54 am
This mattered here, the Seventh Circuit explained, because many of the officer’s arguments were based on his frustration with the village for taking actions that drained his paid leave account. [read post]
5 Jul 2014, 10:01 pm
This kind of subject matter cries out for analysis of data and information. [read post]
17 Jan 2018, 6:34 am
But even if it had, he still failed to raise a viable First Amendment claim since he alleged no facts indicating that he “spoke as citizens on a matter of public concern” in his complaints to OSHA. [read post]
6 Apr 2020, 3:56 am
But there should be no question that the inquisitorial model, no matter how one characterizes the virtues of the inquisitor, invariably fails to provide the accused with a fair process. [read post]
11 Sep 2017, 8:45 am
When the employee was advised to return to work, she stated that she would only do so if the charges against her were dropped, the matter was expunged from her files, her legal expenses were reimbursed, and her safety was guaranteed. [read post]
15 Jul 2020, 7:11 am
Assuming that the scores mattered for purposes other than determining whether a candidate met the minimum requirements—which was not supported by the record—and she was the most objectively qualified, the county was still entitled to compare candidates’ interview performances and “to identify those strengths that constitute the best qualified applicant. [read post]
16 Jul 2018, 10:41 am
” Indeed, speech in the commercial marketplace often touches on some of the most important facets of human life: Doctors speak to patients about matters of life and death; financial professionals speak to clients about their financial security; and even your local grocer can convey information critical to your health. [read post]
29 Sep 2014, 6:33 am
Although these statements would allow a reasonable jury to infer a discriminatory motive, the isolated and ambiguous statements were not sufficient to support judgment as a matter of law in the sales rep’s favor since she was still required to demonstrate that she suffered an adverse employment action and that Canon’s proffered reasons were pretextual. [read post]
7 Mar 2012, 3:32 am
Now, whether this is the right conclusion, from a normative standpoint, might be another matter. [read post]
23 Jul 2015, 6:42 am
” Indeed, that no exception to the Younger doctrine applied here was reinforced by the appellants’ failure to explain how they would be irreparably harmed by allowing the MCAD to resolve this matter. [read post]
30 May 2017, 7:02 am
The location of “the subject matter of the contract” also favored finding that Louisiana had the most significant relationship to the transaction since the noncompete told the sales rep what he could and could not do in his Louisiana sales territories, should he leave Stryker. [read post]
25 Apr 2015, 4:22 am
The use of force is a matter that is either permitted by law or not. [read post]
14 Apr 2023, 3:42 pm
Mich. 2018) ("The public has a right to know who the parties are in almost every case before a federal district court as a matter of 'public confidence in and understanding of the judicial system. [read post]
10 Dec 2010, 5:41 pm
DISCUSSION Summary judgment is appropriate when “the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. [read post]