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7 Apr 2008, 8:21 am
Offhand, I can think of only three reasons for Gould's double standard: (A) The Court just disliked organized labor during the mid-1980s and wanted to prevent unions from using federalism to obtain favorable political treatment; (B) Blackmun had recently rejected the governmental-proprietary distinction in Garcia and did not want to revive it as an aspect of NLRA preemption doctrine; (C) The SCOTUS, being a federal institution, is unconsciously but inexorably… [read post]
16 Apr 2009, 9:00 am
” (see § §145 (a) & 145 (b) of the Delaware General Corporation Law) Then there are often contractual arrangement with senior management for indemnification and a D&O insurance policy that may trigger the payment of defense costs. [read post]
21 Feb 2011, 1:06 pm
In order to get the federal government to insure the mortgage, Ragauckas also signed a HUD addendum affirming that the information in the mortgage application was true. [read post]
1 Dec 2017, 3:00 am
§ 1446 (c)(2)(B)). [read post]
22 Mar 2016, 7:16 am
If you have employment practices liability insurance, it may be time to review that policy to ensure that it covers supervisors who may be sued individually as well. [read post]
29 Jan 2024, 7:33 am
Unless the developer conducted an impact assessment that assesses: Intended purpose The extent to which AI will be used Extent to which prior use of such AI has harmed/adversely impacted individuals or gave rise to concern of such Potential extent for adverse impact/harm Extent to which the individuals potentially impacted are dependent on the outcome (eg. b/c they can’t opt out) Extent to which the individuals who many be harmed belong to a vulnerable… [read post]
18 Dec 2007, 5:56 am
The Pennsylvania Superior Court's decision in Nationwide Mutual Insurance Company v. [read post]
31 Dec 2008, 6:33 am
b. [read post]
5 Sep 2014, 8:13 am
Burwell, one of the challenges to the availability of tax subsidies for people who buy health insurance on exchanges created by the federal government. [read post]
13 Apr 2021, 10:34 am
Resources Code, § 21177(a), (b).) [read post]
24 Sep 2019, 6:00 am
The elements are: a representation or, where there is a duty to disclose, concealment of a fact, (b) which is material to the transaction at hand, (c) made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred, (d) with the intent of misleading another into relying upon it, (e) justifiable reliance upon the representation or concealment, and (f) a resulting injury proximately caused by… [read post]
14 Apr 2011, 5:59 am
The claim shall be waived by the division (a) if there is a spouse; or (b) if there is a surviving dependent who is under the age of twenty-one (21) years or who is blind or disabled; or (c) as provided by federal law and regulation, if it is determined by the division or by court order that there is undue hardship. [read post]
12 Jul 2012, 6:02 am
B. [read post]
26 Jul 2020, 5:35 pm
Governor Lamont has made it easier for workers diagnosed with COVID-19 to sustain a claim for workers’ compensation by making a rebuttable presumption that an employee who missed work between March 10, 2020 and May 20, 2020 was an occupational illness provided four criteria are met: a) such employee worked outside the home; b) the date of the injury was 14 days after March 23, 2020 and the employee worked for an “essential” employer as defined by the DECD; c)… [read post]
21 Jun 2010, 8:09 am
The purpose of this rule is to facilitate the rights of persons having lawful claims against estates being preserved, so that otherwise meritorious actions will not be lost When counsel files a suggestion of death, opposing counsel should (a) contact opposing counsel for information regarding the date and place of death, and such information as opposing counsel may have regarding whether an estate has been opened, or (b) propound discovery directed at obtaining the same information, or… [read post]
9 Aug 2016, 4:00 am
In order to make out a claim for negligent misrepresentation it must be shown that: (a) there must be a duty of case between the representor and the representee; (b) the representation must be untrue, inaccurate or misleading; (c) the representor must have acted negligently in making the representation; (d) the plaintiff must have relied, in a reasonable manner, on the representation; and (e) the plaintiff must have suffered damages as a result. [read post]
16 Apr 2024, 10:41 am
CFETF Director Michael C. [read post]
6 Apr 2015, 6:44 am
B. [read post]
13 Jun 2011, 10:07 am
§ 2253(c) and to adjudicate petitioner’s appeal; and (b) whether the application for a writ of habeas corpus was out of time under 28 U.S.C. [read post]
9 Feb 2010, 4:30 am
To answer this issue, the Court relied on Rule 15(C)(1)(B), which provides that an amended complaint relates back to the date of the original complaint when the amendment asserts a claim that arose out of the “conduct, transaction, or occurrence set out--or attempted to be set out--in the original pleading. [read post]
