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16 Feb 2016, 8:08 am by Second Circuit Civil Rights Blog
This is a fairly straightforward search and seizure case where the Second Circuit says the police were able to nail a guy for having an unlicensed gun at the wrong place at the wrong time.The case is United States v. [read post]
4 Feb 2016, 4:00 am by Administrator
This article critically reviews the Supreme Court of Canada’s recent decision on the application of human rights laws to law firm partners in McCormick v Fasken Martineau DuMoulin LLP in an effort to show how the purposive approach is invoked, how it is then either ignored or applied incorrectly, and how the purposive approach ought to have been deployed if we had remained faithful to its structure and demands. [read post]
1 Feb 2016, 10:30 pm
As the United States Supreme Court wrote in Chessman v. [read post]
14 Dec 2015, 5:25 am by Andrew Frisch
Nov. 23, 2010) (unpublished) (allowing recovery of liquidated damages under both FLSA and state law because the provisions “serve different purposes—the FLSA damages are compensatory and the [state law] damages serve a punitive purpose”); Do Yea Kim v. 167 Nail Plaza, No. 05 CV 8560 (GBD), 2008 WL 2676598, at *3 (S.D.N.Y. [read post]
14 Dec 2015, 5:25 am by Andrew Frisch
Nov. 23, 2010) (unpublished) (allowing recovery of liquidated damages under both FLSA and state law because the provisions “serve different purposes—the FLSA damages are compensatory and the [state law] damages serve a punitive purpose”); Do Yea Kim v. 167 Nail Plaza, No. 05 CV 8560 (GBD), 2008 WL 2676598, at *3 (S.D.N.Y. [read post]
27 Nov 2015, 5:00 am
  No discovery necessary.Thus, it’s not surprising that plaintiffs’ lawyers fight preemption tooth and nail. [read post]
26 Nov 2015, 10:02 pm by Ron Coleman
I litigated a similar issue in a case called Kubis & Perszyk., Inc. v. [read post]
17 Oct 2015, 4:58 am by Bill Marler
– For the protection of the public health and safety, the Commissioner of Agriculture, with the advice and approval of the State Board of Agriculture, and in consultation with the Division of Public Health of the Department of Health and Human Services, shall adopt rules concerning the operation of and issuance of permits for animal exhibitions. [read post]
17 Oct 2015, 1:26 am by Bill Marler
– For the protection of the public health and safety, the Commissioner of Agriculture, with the advice and approval of the State Board of Agriculture, and in consultation with the Division of Public Health of the Department of Health and Human Services, shall adopt rules concerning the operation of and issuance of permits for animal exhibitions. [read post]