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17 Jul 2024, 5:00 am
ALLOWED BUSINESS ACCOUNT TO BE OPENED WITHOUT TAX ID OR OTHER DOCUMENTSAfter GBD, a Chase customer, was scammed by a third party (who also happened to have a Chase account), GBD filed suit against the bank in the New York County Supreme Court.And when the judge assigned to the matter declined Chase’s motion to dismiss the case, an appeal ensued.While banks normally aren’t responsible for the acts of third parties with whom they do business, the Appellate Division, First… [read post]
17 Jul 2024, 4:59 am
”Pursuant to Judiciary Law§ 487, an attorney who is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party is guilty of a misdemeanor, and forfeits to the party injured treble damages, to be recovered in a civil action” (DeMartino at 775-76 [internal quotation marks and citations omitted]). [read post]
17 Jul 2024, 4:40 am
That exclusion would allow employers to escape discrimination liability by the mere delegation to a third-party. [read post]
17 Jul 2024, 4:28 am
Thus, while a First Amendment inquiry was in order, the decisions of the lower courts and the arguments by the parties were incomplete. [read post]
17 Jul 2024, 4:15 am
You're at a lavish dinner party in a bustling metropolis surrounded by tech titans and business magnates. [read post]
17 Jul 2024, 4:15 am
You're at a lavish dinner party in a bustling metropolis surrounded by tech titans and business magnates. [read post]
17 Jul 2024, 4:12 am
Rather, it established a framework for analyzing the question and left it to the lower court to apply that framework to the case's specific facts.The decision allows student-athletes to be classified as employees in some circumstances but does not guarantee that outcome.Holding As To Employment Status"We therefore hold that college athletes may be employees under the FLSA when they (a) perform services for another party, (b) 'necessarily and primarily for the [other… [read post]
17 Jul 2024, 4:00 am
For example, if one party used a credit card (family income) for gambling or substance abuse – one could argue that the other party’s net family property should have been higher. [read post]
17 Jul 2024, 4:00 am
For example, if one party used a credit card (family income) for gambling or substance abuse – one could argue that the other party’s net family property should have been higher. [read post]
17 Jul 2024, 3:05 am
Attention business leaders: forget casual Fridays and quarterly pizza parties. [read post]
17 Jul 2024, 2:46 am
In the "party" bag, you get 180. [read post]
17 Jul 2024, 2:30 am
The judge in the hearing on the motion to dismiss raised the concern that employers could outsource their liability to a third party not covered by the statute. [read post]
17 Jul 2024, 2:30 am
The judge in the hearing on the motion to dismiss raised the concern that employers could outsource their liability to a third party not covered by the statute. [read post]
17 Jul 2024, 2:25 am
The parties lived with the plaintiff’s whose daughter died tragically during childbirth. [read post]
17 Jul 2024, 2:00 am
Numerous areas of law—including contracts, corporate law, intellectual property (“IP”), antitrust, tax, privacy, and bankruptcy—require parties and courts to determine... [read post]
16 Jul 2024, 11:00 pm
FAILED TO SUBMIT ANY DOCUMENTARY EVIDENCE WITH ITS MOVING PAPERSWhen CMD Co. tried to exercise its stock purchase rights, as reserved by certain long-term leases for some professional apartments, FHO Corp allegedly declined to honor the terms of the parties’ agreements.After a lawsuit was filed, FHO moved to dismiss the case based on the documents – claiming that the latter refuted the allegations and that CMD thus “failed to state a cause of action” or claim –… [read post]
16 Jul 2024, 10:51 pm
“The court, in general, assumes that in all cases where parties have instructed different experts there will be, and will remain up to an including trial, a dispute between the experts. [read post]
16 Jul 2024, 9:05 pm
Yet, mere opposition to FDA’s decisions does not allow parties to challenge those decisions in court. [read post]
16 Jul 2024, 9:02 pm
”Few in the Republican Party ever distanced themselves from the incitements to violence, or the excuses made for it, that routinely flowed from the man who is now its 2024 presidential nominee. [read post]
16 Jul 2024, 9:01 pm
Parties facing civil penalties in in-house proceedings may want to consider challenging those proceedings on Seventh Amendment grounds and are increasingly likely to do so. [read post]