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15 Nov 2014, 6:36 am by Jon Gelman
For example, schedule requests based on caregiving duties, health conditions, pursuing education or the need to meet the demands of a second job, must be granted, unless the employer has a good business reason for denying it.Compensating retail, food service, and cleaning workers for at least four hours of work if an employee reports to work when scheduled for at least four hours but is sent home early.Providing that retail, food service, and cleaning employees receive work schedules at least two… [read post]
18 Oct 2017, 5:00 am by John Jascob
App. 2017).The amici contend that the trial court erred by failing to consider any of these relevant precedents. [read post]
17 Jul 2014, 9:00 am
  For instance, the trial judge said that it was not within the realm of possibility that all of the tags applied by Farmer S had fallen out; he concluded that Farmer D had removed the Farmer S tags and replaced them with his own tags before selling the cattle.The Court of Appeal rejected both arguments advanced by Farmer D; first that the trial judge had misapprehended the evidence and reached unreasonable verdicts and, second, that the judge erred by ignoring or overlooking… [read post]
8 Apr 2014, 8:00 am by Steven G. Pearl
Further, "the trial court erred to the extent that its ruling was based on its evaluation of the merits of Plaintiffs’ claim as to the existence of such a uniform policy." [read post]
11 Feb 2014, 10:27 am by Steven G. Pearl
Further, "the trial court erred to the extent that its ruling was based on its evaluation of the merits of Plaintiffs’ claim as to the existence of such a uniform policy." [read post]
8 May 2013, 9:02 am by WSLL
The State advanced two theories that Mr. [read post]
24 Jul 2014, 12:00 am
  In concluding that the undue prejudice factor weighed only slightly against a stay, the Federal Circuit held that the district court erred in failing to take into account the fact that VA did not move for a preliminary injunction, and that if VA needed injunctive relief as soon as possible it would have pursued a preliminary injunction, or filed suit earlier. [read post]
31 Mar 2016, 12:13 pm
It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders. [read post]
4 May 2022, 5:00 am by Public Employment Law Press
"Rejecting the argument advanced by Educator, the Appellate Division held that "the absence of a vote on probable cause by the 'employing board' (Education Law §3020-a[2]), did not deprive the hearing officer of the jurisdictional authority to hear and determine the underlying disciplinary charges. [read post]
26 Dec 2013, 5:01 am
On cross-motions for summary judgment in this Section 1071(b)(1) action, the court ruled that the TTAB erred in denying registration because INTELLIGENT QUARTZ "is suggestive rather than descriptive and thus merits trademark protection." [read post]
16 Sep 2009, 9:03 pm
” (The Third Circuit also held that the district court erred in remanding the class action to state court because JEVIC had never been served with legal process and therefore was not properly before the district court. [read post]
23 May 2014, 8:00 am by Steven G. Pearl
The Court of Appeal reversed, holding that, under Brinker (discussed here), the trial court erred "because its decertification order was based on assessment of the merits of Hall's theory rather than on whether the theory was amenable to class treatment. [read post]
4 May 2022, 5:00 am by Public Employment Law Press
"Rejecting the argument advanced by Educator, the Appellate Division held that "the absence of a vote on probable cause by the 'employing board' (Education Law §3020-a[2]), did not deprive the hearing officer of the jurisdictional authority to hear and determine the underlying disciplinary charges. [read post]
4 May 2022, 5:00 am by Public Employment Law Press
"Rejecting the argument advanced by Educator, the Appellate Division held that "the absence of a vote on probable cause by the 'employing board' (Education Law §3020-a[2]), did not deprive the hearing officer of the jurisdictional authority to hear and determine the underlying disciplinary charges. [read post]
4 May 2022, 5:00 am by Public Employment Law Press
"Rejecting the argument advanced by Educator, the Appellate Division held that "the absence of a vote on probable cause by the 'employing board' (Education Law §3020-a[2]), did not deprive the hearing officer of the jurisdictional authority to hear and determine the underlying disciplinary charges. [read post]
29 Jun 2015, 2:15 am
The Seventh Circuit first held that the district court had erred in holding that the contract had not been breached. [read post]
8 Dec 2022, 6:31 am by The Law Offices of John Day, P.C.
” On appeal, defendants advanced three arguments for why the trial court had jurisdiction over the TPPA petition to dismiss and was correct to grant the petition even after the filing of the voluntary dismissal. [read post]
2 Apr 2013, 2:09 am by Jon Gelman
"The trial court erred, both procedurally and substantively, by granting judgment notwithstanding the jury's ... [read post]
29 Oct 2015, 1:24 pm by Lawrence B. Ebert
Nowhere do the claimsindicate that the starting time of the communication cycleis communicated in advance of that cycle.Similarly, the claims do not require that the durationof the communication cycle be sent in advance of thecommunication cycle, and nothing in the intrinsic recorddictates that result. [read post]
28 Nov 2016, 4:00 am
” It argued that the BTA erred is relying on the appraisal because the report did not include sufficient data under its market and income approaches and further did not include a cost approach, all of which was unlawful. [read post]