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6 Jan 2013, 1:51 pm by Cynthia Alkon
  One concern is that allowing victims to determine outcomes will inevitably lead to similarly situated defendants being treated differently. [read post]
3 Oct 2013, 10:28 pm by David Oxenford
 For instance, in connection with the musical compositions, the rates set by ASCAP and BMI have for decades been subject to court review under antitrust consent decrees that require that they make music available to similarly situated users at the same rates, and that these rates be reasonable. [read post]
  If such classes are certified, the rights of all similarly situated persons or businesses would be litigated in the class actions, unless those similarly situated parties affirmatively choose to “opt out. [read post]
16 Nov 2020, 8:34 am by Searcy Law
Quite often, the small details make all the difference, and lawyers have been trained to understand this. [read post]
16 Nov 2020, 8:34 am by Searcy Law
Quite often, the small details make all the difference, and lawyers have been trained to understand this. [read post]
27 Jun 2017, 11:05 am by Goldstein & Stamm, P.A.
 In a sense the Supreme Court basically said that anyone that claimed irreparable injury and those similarly situated (“who have a credible claim of a bona fide relationship with a person or entity in the United States”) could not be barred from entering the country. [read post]
14 Jun 2011, 4:10 am
In this instance, said the court, it was not persuaded that the two classes of employees at issue here are similarly situated, or that the distinctions drawn between employees of junior colleges and those of senior colleges are not rationally based. [read post]
27 Jun 2017, 11:05 am by Goldstein & Stamm, P.A.
 In a sense the Supreme Court basically said that anyone that claimed irreparable injury and those similarly situated (“who have a credible claim of a bona fide relationship with a person or entity in the United States”) could not be barred from entering the country. [read post]
26 Sep 2014, 3:55 pm by Stephen Bilkis
In reinstating the petition, the Appellate Division concluded that criminal petitioner was similarly situated to a person charged with a crime and, furthermore, that the legislative history of Civil Rights Law § 50-b revealed an intent to treat post-conviction litigants the same as those who have merely been charged. [read post]
25 Sep 2018, 7:01 am by Florian Mueller
Almost five years ago I wrote about Ericsson's fairly honest concession of the whole rationale behind going after device makers, not chipset makers.With regard to the ATIS and TIA FRAND promises at issue, Qualcomm claims that their non-discrimination requirements merely "prohibit an SEP holder from charging one licensee a 1% royalty while (all other terms being equal) charging a similarly situated licensee a 5% royalty. [read post]
22 Mar 2013, 1:12 pm by Bexis
 But neither of those cases addressed the Knowles situation, which necessarily involves a different defendant in a different case. [read post]
29 Apr 2013, 9:31 am by Richard S. Zackin
Plaintiff purported to bring the action on behalf of herself and all similarly situated persons. [read post]
21 Aug 2012, 1:58 pm by Greg Mersol
To determine whether the class members are similarly situated as the statute requires, courts should apply an  “ad-hoc approach, which considers all the relevant factors and make[] a factual determination on a case-by-case basis. [read post]
18 Feb 2020, 3:45 pm by Patricia Hughes
The LSO Technology Guideline, part of a larger package of Practice Management Guidelines described as “practical tools”, “is not intended to replace a lawyer’s professional judgment or to establish a one-size-fits-all approach to the practice of law”. [read post]
20 Dec 2021, 4:00 am by Written on behalf of Peter McSherry
We all know workers have rights in the workplace even if we are not always sure what those rights are. [read post]
20 Dec 2021, 4:00 am by Written on behalf of Peter McSherry
We all know workers have rights in the workplace even if we are not always sure what those rights are. [read post]
15 Aug 2023, 8:47 am by Chris Sutton
Under Title VII, courts have often limited the claims of affected pregnant employees to situations where the worker can circumstantially identify another similarly situated individual who received a comparable workplace modification, or when there is direct evidence of discrimination, e.g., biased comments by a supervisor. [read post]