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By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]

Drug and Device Law - http://druganddevicelaw.blogspot.com/

Should employers go “old school” in criminal background checks to avoid the unforgiving FCRA?

6 Nov 2014, 1:42 pm by Lorene Park

One plaintiff was denied an assistant manager position after his report wrongly stated that he had a criminal history that actually belonged to another person of the same name. [read post]

WKL&B WOrkDay Blog - http://www.employmentlawdaily.com/index.php/blog

D. Vermont Daubert Rulings: Some are Gouda; Some are So Grating We Camembert Them

5 Nov 2014, 4:00 am

The opinion we are cheddaring about today, Drake v. [read post]

Drug and Device Law - http://druganddevicelaw.blogspot.com/

Evidence of Actual Confusion Clinches Section 2(d) Opposition Victory

4 Nov 2014, 3:09 am

Cutlery and More, LLC v. [read post]

The TTABlog - http://thettablog.blogspot.com/

The FCRA is the new FLSA

3 Nov 2014, 12:15 pm by Sara Hutchins Jodka

Mack v. [read post]

Employer Law Report - http://www.employerlawreport.com/

Employees’ claims that company continued to invest in its own overvalued stock advance

3 Nov 2014, 6:58 am by Joy Waltemath

Plans & Trust Funds v. [read post]

WKL&B WOrkDay Blog - http://www.employmentlawdaily.com/index.php/blog

Chapter 12 ( The General Government; Separation of Powers and Checks and Balances): From "Elements of Law" to "Introduction to the Law and Legal System of the United States"--Building an Introductory Course to the Legal Curriculum for the 21st Century

1 Nov 2014, 3:09 am

ET AL. v. [read post]

Law at the End of the Day - http://lcbackerblog.blogspot.com/

Does the Haitian Criminal Code Outlaw Making Zombies?

31 Oct 2014, 7:06 am by Barbara Bavis

Yves Saint-Gérard, author of Le Phénomène Zombi (The Zombie Phenomenon), this term designates a “living-dead,” or, figuratively, a person devoid of any will or character. [read post]

In Custodia Legis - http://blogs.loc.gov/law

A Few Things To Avoid When Filing A Brief In The Middle District Of North Carolina

30 Oct 2014, 6:50 am by Mack Sperling

For example, Judge Schroeder said in Stephenson v. [read post]

North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/

Hertz Faces Negligence Suit For Employee’s Facebook Bashing of a Customer–Howard v. Hertz

29 Oct 2014, 3:13 pm by Venkat Balasubramani

The court says these allegations are enough to state a claim, so it rejects Hertz’s motion to dismiss. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

[Eugene Volokh] California trial court rejects Manuel Noriega’s ‘Call of Duty’ right of publicity suit

29 Oct 2014, 11:15 am

[Compare [No Doubt v. [read post]