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22 Mar 2012, 2:13 pm by Bexis
  Riegel requires device-specific PMA requirements to establish preemption, and thus also requires a violation of device-specific PMA requirements to avoid preemption through the parallel violation loophole:[P]ursuant to the premarket approval process, medical device manufacturers must adhere to device-specific requirements. [read post]
31 Oct 2020, 7:39 am by Russell Knight
The stocks may be listed in Schedule B later in the tax return. [read post]
5 Jul 2010, 5:50 pm by INFORRM
It also proposed that electronic archives should be protected by statutory qualified privilege after one year subject to them being flagged with a warning where there has been a complaint.[230-231] The issue was considered in the Report of the Libel Working Group, the majority of which concluded that “a single publication rule (with discretion) should be the preferred option in circumstances where the republication of allegedly defamatory material is by the same publisher” … [read post]
22 Feb 2021, 4:11 am by Peter Mahler
” The petitioner in Matter of Cedano [F&B Car Service LLC], did not fare as well with his dissolution petition likewise alleging financial and tax fraud by his 50% co-member in an LLC that operated a taxi service. [read post]
12 Aug 2022, 4:24 am by Ashley Morgan
Law Enforcement Has Initiated Medicare Audits of Amniotic Liquid / Amniotic Tissue / Skin Substitute / Wound Care Claims: UPIC Audits of Original Medicare Part B Amniotic Tissue / Skin Substitute / Wound Care Claims. [read post]
8 Sep 2022, 5:35 am by Jack Goldsmith
A few states, for instance—including New York, where Fox is headquartered—require a showing of "actual malice" for all statements of public concern, including statements about private figures.[2] Most other states allow recovery of proven compensatory damages for libel based on a showing of mere negligence.[3] Presumably Fox would want to avoid even negligent mistakes, just as a matter of editorial policy. [read post]
22 May 2019, 6:52 pm by MOTP
But the dispositive legal issues in the case may have ramifications that go beyond the employment context because they involve matters of common-law contract law; specifically, the element of a meeting of the minds in the absence of a formal written contract executed by both parties. [read post]
20 Nov 2012, 5:01 pm by oliver randl
If a person is a professional representative, then his/her employment status simply should not matter. [read post]
5 Oct 2022, 6:30 am
Section 10(b) and the corresponding Rule 10b-5 more broadly prohibit the making of any untrue statement or omission of a material fact in connection with the purchase or sale of securities with the intent to defraud or deceive. [6] Thus, Section 10(b) and Rule 10b-5 cover a broader range of statements than the Section 11 and 12(a)(2) claims discussed above, as they are not limited to statements in registration statements and prospectuses. [read post]
24 Mar 2007, 8:47 am
From a Kansas supreme court case:Discovered on the bed in defendant's bedroom after the fire was a book entitled "Necessary Lies"; its plot involved several children burning to death in an intentionally set house fire; defendant had gotten the book from the public library. [read post]