Search for: "Others Similarly Situated" Results 3621 - 3640 of 12,088
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2 Dec 2019, 11:20 am by Eric Goldman
The phrase “exclusive right,” he continued, must encompass a right to exclude all others, including states. [read post]
2 Dec 2019, 6:16 am by Eric Halliday, Rachael Hanna
By formally notifying Congress, the president can state that an emergency situation requires the firearms sale to be executed without delay to protect national security interests. [read post]
2 Dec 2019, 5:01 am by Eugene Volokh
A vast difference exists between a government's effort to punish speech critical of official policy or acts, where even truth was no defense, and an official's effort to clear his name of an allegation that he acted contrary to official policy and human decency, in a situation in which he must prove both falsity and actual malice. [read post]
30 Nov 2019, 2:25 pm by Giles Peaker
  The replacement of degraded sealant – even with a more modern and better type of sealant – is repair, not the making good of a structural defect; similarly, repointing a flank wall, or replacing spalled brickwork. [read post]
Finally, the witnesses tell a related story of how the provision of military assistance to Ukraine similarly came to be conditioned on U.S. demands—because what Ukraine ultimately needs is U.S. support in an ongoing military conflict with a more powerful neighbor that is occupying its territory. [read post]
26 Nov 2019, 2:00 am by Michael J. Moore
 Further, companies may provide examples of situations involving union organizing and negotiations. [read post]
25 Nov 2019, 9:05 pm by Reeve T. Bull
It raises the most issues too, including legal concerns about equal protection and reasoned decision-making, and potential problems related to the fairness and efficiency of treating similarly situated businesses or regulatory beneficiaries differently for arbitrary reasons. [read post]
25 Nov 2019, 4:55 am by Beth Graham
Next, the Robinsons filed a “Statement of Claims, Individually and as the Representatives of All Persons Similarly Situated” with the trial court based on the unrelated claims the couple previously filed with the arbitrator. [read post]
25 Nov 2019, 3:30 am by Eric B. Meyer
First, generally speaking, when an employee claims disparate treatment, the employee must show that the company treated better a similarly-situated person outside of the employee’s protected class. [read post]
22 Nov 2019, 2:05 pm
It has since left this island nation with plutonium and other radioactive remnants of those tests buried under a concrete dome on a low-lying atoll. [read post]
22 Nov 2019, 11:20 am by Mark Tabakman
 Early in the case, the Judge found that they had presented a “requisite factual nexus between her situation and the situation of other employees sufficient to determine that they are similarly situated. [read post]
22 Nov 2019, 9:15 am
Similarly to authors, also performers are entitled to a high level of protection, with the result that resulting rights must be broad in scope.By analogy with Soulier and Doke, the Court reasoned that:  protection must be understood, in particular, in the same way as the protection conferred by copyright, as not being limited to the enjoyment of the rights guaranteed by Article 2(b) and Article 3(2)(a) of Directive 2001/29, but [as also extending] to the exercise of those rights (see,… [read post]
22 Nov 2019, 3:26 am
  This may explain to some extent the development of patent law in Germany (and similarly in the UK). [read post]
21 Nov 2019, 9:01 pm by Joanna L. Grossman
Under Young, a plaintiff who has been denied an accommodation warranted by the physical effects of her pregnancy must first demonstrate that she was treated differently from someone similarly situated but outside the protected class. [read post]
21 Nov 2019, 6:23 am by Scott R. Anderson
This past Monday, Nov. 18, Secretary of State Mike Pompeo announced that the United States would “no longer recognize Israeli settlements as per se inconsistent with international law,” a decision that he characterized as restoring a long-standing U.S. position that the Obama administration had unwisely abandoned. [read post]
20 Nov 2019, 3:00 pm by Parks, Chesin & Walbert
Without evidence that others who were similarly situated were treated differently, the plaintiff’s case for discrimination failed. [read post]
20 Nov 2019, 1:31 pm by Mark Hartsoe
Uninsured motorist insurance coverage is very important because it can be the only protection available to a person who is involved in an east Tennessee car accident with an uninsured driver (similarly, underinsured motorist coverage protects against situations in which the at-fault driver has some, but not enough, liability insurance. [read post]