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The Two-Front War on the Administrative State: How Far Will the Supreme Court Go?
4 Jul 2022, 9:05 pm by John C. Coffee, Jr.
SEC[4] seems destined to reach the Supreme Court, at which point the Court will also have to consider not only Jarkesy’s requirement of a jury trial, but also its second holding: that the SEC’s authority to bring enforcement actions, either in federal court or administratively, is an unconstitutional delegation of legislative power, because the Dodd-Frank Act gave the SEC no guidance on when to bring administrative versus judicial actions. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
As the employee bears the burden of proving the existence of a reasonable accommodation permitting the employee to perform the essential functions of the position, the employer engaging in an "interactive process" is not an issue where the evidence demonstrates that no reasonable accommodation is possible
1 Jul 2022, 9:02 pm by Public Employment Law Press
Ctr., 150 AD3d 587, 588; Pimentel v Citibank, N.A., 29 AD3d 141, 147-148; McBride v BIC Consumer Products Mfg. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As the employee bears the burden of proving the existence of a reasonable accommodation permitting the employee to perform the essential functions of the position, the employer engaging in an "interactive process" is not an issue where the evidence demonstrates that no reasonable accommodation is possible
1 Jul 2022, 9:02 pm by Public Employment Law Press
Ctr., 150 AD3d 587, 588; Pimentel v Citibank, N.A., 29 AD3d 141, 147-148; McBride v BIC Consumer Products Mfg. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
eDiscovery Mergers, Acquisitions, and Investments in Q2 2022
1 Jul 2022, 1:57 pm by Rob Robinson
Month - Q222 Chart #3: Merger, Acquisition, or Investment Events vs. [read post]
ComplexDiscovery - https://complexdiscovery.com/
Quick Links from the Past Year, Part 6 (Defamation & Much More)
1 Jul 2022, 9:42 am by Eric Goldman
McNaughton claimed that the product fell off his boat, it was heavy, he encouraged buyers not to purchase the product, and, ultimately, pointed potential buyers to his product by referencing it by name and praising his product. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker
29 Jun 2022, 11:28 am by Eric Goldman
Case citation: 1-800 Contacts, Inc. v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Mexican Gulf Fishing v. Department of Commerce: Part I
27 Jun 2022, 5:36 am by Bernard Bell
  For example, in Relentless Inc. v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
The United States Supreme Court holds that law-abiding citizens have Second Amendment rights to keep and bear arms in public for self-defense
24 Jun 2022, 9:10 pm by Public Employment Law Press
SUPREME COURT OF THE UNITED STATES Syllabus NEW YORK STATE RIFLE & PISTOL ASSOCIATION,INC., ET AL. v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The United States Supreme Court holds that law-abiding citizens have Second Amendment rights to keep and bear arms in public for self-defense
24 Jun 2022, 9:10 pm by Public Employment Law Press
SUPREME COURT OF THE UNITED STATES Syllabus NEW YORK STATE RIFLE & PISTOL ASSOCIATION,INC., ET AL. v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Inter-Cooperative Exchange v. Department of Commerce: Searching Government Employees’ Personal Cell Phones
22 Jun 2022, 4:25 am by Bernard Bell
Dhingra, 371 F.3d 557, 559 n.3 (9th Cir. 2004)). [read post]
Notice & Comment - https://www.yalejreg.com/nc/
US Supreme Court Holds Washington State’s Workers’ Compensation Law Unconstitutional Under the Supremacy Clause
22 Jun 2022, 2:52 am by Jon L. Gelman
Mission Product Holdings, Inc. v. [read post]
Workers' Compensation - http://workers-compensation.blogspot.com/
TM laches where a band broke up "for now" but its music remained on Spotify etc.
20 Jun 2022, 11:10 am by Rebecca Tushnet
Satan Wears Suspenders, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
Further escalation in Ericsson v. Apple 5G dispute: UK patent infringement complaints filed by Ericsson on June 6
19 Jun 2022, 10:22 pm by Florian Mueller
It's rather likely that the dispute will actually reach a settlement point because of earlier developments in other places, such as the USITC or Germany. [read post]
FOSS Patents - http://www.fosspatents.com
Differential Etiologies – Part Two – Ruling Out
19 Jun 2022, 4:44 pm by admin
Irving Selikoff,[6] with asbestosis, 3/3 on the ILO scale of linear, irregular radiographic lung opacities. [read post]
Tortini - http://schachtmanlaw.com/blog/
California Court of Appeal, The People v. Johnson & Johnson, Docket No. D077945
19 Jun 2022, 1:40 pm
’ ”  (Cel-Tech Communications, Inc. v. [read post]
Frederic Borel - http://fredericborel.blogspot.ch/
Are Non-Profit Organizations’ Records Requests Ruining FOIA?
19 Jun 2022, 5:08 am by Bernard Bell
  Slip op. at *3. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Differential Etiologies – Part One – Ruling In
17 Jun 2022, 2:09 pm by admin
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), legal scholars, judges, and lawyers have struggled with the structure and validity of expert opinion on specific causation. [read post]
Tortini - http://schachtmanlaw.com/blog/
4th Circuit upholds contempt ruling in false advertising case: scrub your website and FB account!
17 Jun 2022, 10:10 am by Rebecca Tushnet
VSL Pharmaceuticals, Inc., --- F.4th ----, 2022 WL 2036293, No. 20-1846, No. 20-1869 (4th Cir. [read post]
43(B)log - http://tushnet.blogspot.com/
dueling SJ motions lose in energy drink case; jury will decide whether "Super Creatine" is "creatine"
15 Jun 2022, 12:18 pm by Rebecca Tushnet
Vital Pharmaceuticals, Inc., 2022 WL 1599712, No. [read post]
43(B)log - http://tushnet.blogspot.com/
alleged "misinformation campaign" about micro-irrigation firm is enough to survive motion to dismiss
15 Jun 2022, 12:15 pm by Rebecca Tushnet
Netafim Irrigation, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/