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UK consumer class action against Apple's app tax passes legal and factual plausibility test: Competition Appeal Tribunal gives guidance, lets case go forward
2 Jul 2022, 12:22 am by Florian Mueller
Apple antitrust-based consumer class action that made it all the way up to the Supreme Court and--at least psychologically--paved the way for Epic Games v. [read post]
FOSS Patents - http://www.fosspatents.com
Should a petitioner failed to offer a reasonable excuse for his failure to timely serve the notice of claim on a public entity, "the absence of a reasonable excuse is not fatal to the petition where there was actual notice and absence of prejudice"
1 Jul 2022, 9:03 pm by Public Employment Law Press
ORDERED that the order is reversed, on the facts and in the exercise of discretion, with costs, that branch of the petition which was to deem a late notice of claim timely served nunc pro tunc is granted, and that branch of the petition which was for leave to serve a late notice of claim is denied as academic. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Should a petitioner failed to offer a reasonable excuse for his failure to timely serve the notice of claim on a public entity, "the absence of a reasonable excuse is not fatal to the petition where there was actual notice and absence of prejudice"
1 Jul 2022, 9:03 pm by Public Employment Law Press
ORDERED that the order is reversed, on the facts and in the exercise of discretion, with costs, that branch of the petition which was to deem a late notice of claim timely served nunc pro tunc is granted, and that branch of the petition which was for leave to serve a late notice of claim is denied as academic. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As the employee bears the burden of proving the existence of a reasonable accommodation permitting the employee to perform the essential functions of the position, the employer engaging in an "interactive process" is not an issue where the evidence demonstrates that no reasonable accommodation is possible
1 Jul 2022, 9:02 pm by Public Employment Law Press
ORDERED that the judgment is affirmed, with costs. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As the employee bears the burden of proving the existence of a reasonable accommodation permitting the employee to perform the essential functions of the position, the employer engaging in an "interactive process" is not an issue where the evidence demonstrates that no reasonable accommodation is possible
1 Jul 2022, 9:02 pm by Public Employment Law Press
ORDERED that the judgment is affirmed, with costs. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Courts also have the discretion to award costs and attorney's fees (id. at [2]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
Courts also have the discretion to award costs and attorney's fees (id. at [2]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
At the Crossroads of Politics, Religion and Social Justice, Employers Face Difficult Choices
1 Jul 2022, 10:10 am by Marc Antonetti, Ashlee Grant and Allison Thomas
” The Texas law also allows the claimant to receive “costs and attorney’s fees”; however, this provision is one-sided, as courts may not award costs or attorney’s fees to “a defendant in an action brought under this section. [read post]
Employment Law Spotlight - http://www.employmentlawspotlight.com/
Apple, Google testing limits of Korean law on in-app payment systems by charging 26% commission that renders use of alternative payment systems unprofitable
1 Jul 2022, 8:03 am by Florian Mueller
At the moment, Apple reduces that commission only by 3% for Dutch dating apps--which barely offsets the cost of using a third-party payment processor. [read post]
FOSS Patents - http://www.fosspatents.com
EPA’s Best Option: Co-Firing
1 Jul 2022, 7:41 am by Dan Farber
What can EPA do to cut carbon emissions from coal-fired power plants after yesterday’s decision in West Virginia v. [read post]
Legal Planet - https://legal-planet.org/
News You Can Use Digest – July 1, 2022
1 Jul 2022, 4:00 am by Jim Sedor
Wade, Tucker Carlson took to the airwaves to rail against companies that would pay for employees’ abortion-travel costs. [read post]
Lobby Comply Blog - https://stateandfed.com/lobbycomply/feed
Developer class action settlement with Google over Google Play tax on Android apps: same sham as in Apple App Store case, offers material benefits only to monopolists and lawyers--meanwhile, new consumer class actions filed in Australia
1 Jul 2022, 12:48 am by Florian Mueller
In the app store context, the Pepper v. [read post]
FOSS Patents - http://www.fosspatents.com
Week in Review
30 Jun 2022, 9:03 pm by Zoe Stern
Supreme Court, in a 6-3 decision, overturned Roe v. [read post]
RegBlog - https://www.theregreview.org/
China’s 2022 Landmark Judicial Policy Clears Final Hurdle for Enforcement of Foreign Judgments
30 Jun 2022, 7:11 pm by Adeline Chong
The SPC has been exploring  cooperation in mutual recognition and enforcement of judgments with other countries in a lower-cost way in addition to signing treaties, such as a diplomatic commitment or a consensus reached by the judiciaries. [read post]
Conflict of Laws .net - https://conflictoflaws.net
court presumes injury from comparative false advertising for injunctive relief, not monetary
30 Jun 2022, 1:46 pm by Rebecca Tushnet
Universal Life Church Monastery Storehouse v. [read post]
43(B)log - http://tushnet.blogspot.com/
Stanford’s Deborah Sivas on Supreme Court’s Decision to Limit EPA’s Powers to Fight Climate Change
30 Jun 2022, 1:33 pm by Deborah A. Sivas, Q&A with Sharon Driscoll
Supreme Court’s decision in West Virginia v. [read post]
Legal Aggregate - https://law.stanford.edu/legal-aggregate/
Catch 22 at the Supreme Court
30 Jun 2022, 1:23 pm by Ken Alex
Power Co. v. [read post]
Legal Planet - https://legal-planet.org/
Roy Black’s Closing Argument in “Varsity Blues” Georgetown Bribery Case Against Amin Khoury
30 Jun 2022, 9:40 am by Roy Black
  UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Criminal Action No. 20-10177-PBS UNITED STATES OF AMERICA, v. [read post]
Black's Law - http://www.royblack.com/blog/
California Misclassification Lawsuit Settles for $16 Million
30 Jun 2022, 9:11 am by Nassiri Law
Employee v. [read post]
Orange County Employment Lawyers Blog - http://www.orangecountyemploymentlawyersblog.com/
CJEU confirms extrajudicial costs are 'other expenses' which may be claimed in IP infringement cases
30 Jun 2022, 8:35 am by Jan Jacobi
 The CJEU recently rendered a ruling in the case of Koch Media v. [read post]
IPKat - http://ipkitten.blogspot.com/