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29 Apr 2014, 4:57 am by Seyfarth Shaw LLP
  The report also suggests revisiting WHD’s long-standing policy of pre-scheduling investigations, indicating a preference for unannounced investigations (to prevent “unscrupulous employers [from] intimidat[ing] and/or coach[ing] employees prior to the WHD visit”). [read post]
25 May 2010, 3:06 pm by Anna Christensen
  The Court thus rebuked the Fourth Circuit for issuing an opinion that “more closely resembles ‘invent[ing] a statute rather than interpret[ing] one. [read post]
3 Mar 2011, 1:11 pm by Lawrence B. Ebert
The court further erred in apply- ing the heightened burden placed on expert reports opin- ing as to obviousness by Innogenetics. 512 F.3d at 1363 (requiring a heightened burden of explanation in an expert report regarding motivation to combine references for a technology involving the detection and classification of hepatitis C genotypes in a biological sample). [read post]
27 Jun 2023, 10:04 pm by Josh Blackman
And the majority thinks that to reverse Harper I 's "judgment" would "negate the force of its order striking down" the Act, thus "alter[ing] the presently operative statutes of North Carolina. [read post]
6 Apr 2025, 7:57 pm by Kurt R. Karst
  In a scathing decision, an en banc panel of the Fifth Circuit agreed with the respondents, holding that FDA acted arbitrarily and capriciously and performed a “surprise switch” by “unquestionably chang[ing] its position and then pretend[ing] otherwise. [read post]
28 Mar 2012, 2:33 pm by Hopkins
Today, we have distractions from many, many sources, including (sadly not limited to): cell phones laptops iPads text messaging fax Global Navigational Systems head-up display system DVD players Children driver lighting cigarette operat­ing or adjusting radio reading talking to passengers daydreaming eating looking for an address watching a crash on the roadway reading an au­tomated highway sign approach­ing an emergency vehicle using electric razor applying cosmetics… [read post]
26 Jul 2012, 8:06 pm by A. Brian Albritton
  The FCA provides an action against "any person" who "undertakes certain fraudulent behavior, including 'knowingly present[ing], or caus[ing] to be presented, a false or fraudulent claim for payment or approval' to an officer, employee, or agent of the United States. [read post]
22 Dec 2011, 7:11 am by Ken Kersch
The news that John Terry, the (white) captain of the English national soccer team (and of his club team, Chelsea), will be criminally prosecuted under Britain’s Crime and Disorder Act of 1998 for racist comments Terry allegedly made on the pitch to Queens Park Rangers defender Anton Ferdinand (who is black) spotlights the very different ways that European and American law strike the balance between – as the subtitle of an excellent new book on the subject puts it --… [read post]
10 Jan 2018, 11:52 am by Daniel Cappetta
On appeal, the defendants challenged that ruling, “contend[ing] that the warrants to obtain those records … were lacking particularity. [read post]
9 Aug 2010, 6:36 am by Lawrence B. Ebert
Ring Plus also argues that the examiner did not consider Strietzel and Sleevi to be important because he did not cite them dur- ing prosecution. [read post]
26 May 2011, 9:53 am by Joe Consumer
These changes include "eliminat[ing] requirements in some states for vapor recovery systems at gas stations," "easing the amount of information doctors and hospitals must file to medical databases," and "appl[ing] certain railroad safety equipment rules 'only where they are actually needed.'" We're guessing "never" might be the National Chamber Litigation Center's view on this. [read post]
17 Mar 2024, 4:20 am by SHG
“The united states and israel are both settler-colonial entities and both shouldn’t f—ing exist, ya dips—ts. [read post]
29 Aug 2013, 9:23 am by Ed. Microjuris.com Puerto Rico
Jorge Rivera // Auspicia: Ecología Carmelo 3:30pm – 4:30pm :: Charla Técnica: ‘Construction with SCIP’ 1.5HC HSW Recurso: Ing. [read post]
12 Sep 2011, 11:49 am by David Lat
As noted by the WSJ Law Blog, Ruyak was criticized “[i]n some corners of the blogosphere” for “not respond[ing] swiftly enough to declines in the firm’s productivity” and “not sufficiently shar[ing] management responsibilities with his fellow partners. [read post]
28 Nov 2009, 2:12 pm by Stuart Buck
Immediately after having praised other public schools for supposedly outperforming charters in student test scores, Ravitch pivots 180 degrees and criticizes charter schools for drawing off the "most successful" students and "disabl[ing]" the public schools! [read post]
18 Oct 2017, 4:15 am by Edith Roberts
” At his eponymous blog, Lyle Denniston reports that “the Justices on Monday turned down an attempt to head off a major trial of a high-profile terrorism case[,] … mark[ing] the second time within a week that the court chose to bypass a Guantanamo case, and continu[ing] a pattern that has been followed for almost a decade. [read post]
15 Dec 2011, 3:31 pm by Eugene Volokh
§ 2261A by “with the intent to harass and cause substantial emotional distress to a person ... us[ing] an interactive computer service ... to engage in a course of conduct that caused emotional distress to that person, to wit: the posting of messages on www.twitter.com and other Internet websites concerning [Alyce Zeoli]. [read post]
11 Dec 2009, 6:38 pm
Mineta (9th Cir. 2002) (upholding the legislative exclusion of “any vessel that spilled more than one million gallons of oil into the marine environment after March 22, 1989″ â€" a class that includes only the Exxon Valdez â€" from Prince William Sound, because it has the legitimate nonpunitive purpose of “reduc[ing] the environmental risk to the Sound” by excluding “a… [read post]
5 Feb 2008, 3:01 am
Vacroux's equivocations regarding whether someone skilled in the art could perform the claimed "integrat[ing]" and "substituting" in movies does not create a genuine issue of material fact. [read post]