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28 Nov 2023, 11:02 am by Tom Joscelyn
The televised proceedings would have showcased – and tested – the District Attorney’s case against Chesebro and, indirectly, former President Donald Trump for the alleged criminal conspiracy to overturn the 2020 presidential election. [read post]
27 Nov 2023, 3:05 pm by ekatherine.stamatis@lawrank.com
Alternatively, your doctor failed to order lab testing after you complained of certain telltale symptoms. [read post]
27 Nov 2023, 1:32 pm by Rebecca Tushnet
However, other documents integral to the complaint indicated that the FDA thought there was a potential FDCA violation. [read post]
27 Nov 2023, 8:07 am by Eric Goldman
Below I explain how the Supreme Court could apply its free speech jurisprudence in Elster in a different way than in Tam and Brunetti, and propose a First Amendment test it can use in Elster and other trademark disputes to resolve conflicts between trademark and free speech rights in a way that is consistent with the Court’s approach in the Jack Daniel’s v. [read post]
22 Nov 2023, 11:08 am by Richard Reibstein Esq.
In the waning days of 2022, New York Governor Kathy Hochul vetoed the New York State Freelance Isn’t Free Act bill (S 8369B) that had been awaiting her action for over six months. [read post]
22 Nov 2023, 6:40 am by Second Circuit Civil Rights Blog
This state-of-mind test applies in other Circuits, and now it applies in the Second Circuit. [read post]
21 Nov 2023, 3:15 pm by Cynthia Marcotte Stamer
A newly-announced settlement agreement and corrective action plan (the “Settlement”) between a prominent New York academic medical center and the U.S. [read post]
21 Nov 2023, 1:09 pm by Kevin LaCroix
One thing I will say about this lawsuit is that when the day comes for the sufficiency of the allegations in the complaint to be tested, the court will have to look long and hard to find anything that even arguably would satisfy the plaintiffs’ obligation to plead scienter. [read post]
21 Nov 2023, 11:08 am by Bob Ambrogi
“While the complaint asserts that DNP has provided poor customer service at times, leading to adverse legal consequences for DNP’s customers, the complaint fails to cite any instance where DNP’s failures were imputed to MK specifically or lawyers generally. [read post]
21 Nov 2023, 10:27 am by luiza
Included among the healthcare areas OIG pointed to of particular concern are hospice, home health, hospitals, skilled nursing facilities, testing labs, genetic testing, durable medical equipment, substance abuse treatment, and COVID-19 testing. [read post]
21 Nov 2023, 7:20 am by Daniel M. Kowalski
Employers are also required to only test the labor market before filing the PERM. [read post]
The court stated that “[u]nder the modern test for implied rights of action, Congress must have both created an individual right and given private plaintiffs the ability to enforce it. [read post]
20 Nov 2023, 5:00 am by Joelle Boxer
In June 2019, LHRC and the Center for Reproductive Rights filed a complaint before the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). [read post]
18 Nov 2023, 10:05 am by Simon Lester
[x] The reason for putting forward a threat of injury claim is simple: the domestic industry should not wait until it is irreversibly harmed in order to submit a complaint. [read post]
18 Nov 2023, 10:05 am by Simon Lester
[x] The reason for putting forward a threat of injury claim is simple: the domestic industry should not wait until it is irreversibly harmed in order to submit a complaint. [read post]
17 Nov 2023, 9:05 pm by Alyson Diaz
These providers can then easily prescribe medical equipment, drugs, and tests without regard to medical necessity and subsequently profit from the Medicare payments for such tests, warns Copeland. [read post]
17 Nov 2023, 8:00 am by Jennifer González
The following is a foreword by Senior Legal Information Specialist at the Law Library of Congress, Jennifer González, which introduces this guest post. [read post]