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14 Apr 2024, 1:05 pm by Peter S. Lubin and Patrick Austermuehle
Thus, a restrictive covenant is reasonable only if it: “(1) is no greater than is required for the protection of a legitimate business interest of the employer-promisee; (2) does not impose undue hardship on the employee-promisor, and (3) is not injurious to the public. [read post]
13 Apr 2024, 3:33 pm by admin
Prelude to Litigation Phenylpropanolamine (PPA) was a widely used direct α-adrenergic agonist used as a medication to control cold symptoms and to suppress appetite for weight loss.[1] In 1972, an over-the-counter (OTC) Advisory Review Panel considered the safety and efficacy of PPA-containing nasal decongestant medications, leading, in 1976, to a recommendation that the agency label these medications as “generally recognized as safe and effective. [read post]
12 Apr 2024, 7:59 am by Richard Frank
  Section 209(b) goes on to provide that EPA can only deny California a waiver if it finds that: 1) the state’s determination is arbitrary and capricious; 2) California does not need its own, more ambitious pollution limits to meet “compelling and extraordinary conditions”; or 3) the California emission standards are not “consistent ” with  CAA section 209(a). [read post]
12 Apr 2024, 4:55 am by Andrew Lavoott Bluestone
Kaminsky & Assoc., P.C., 102 AD3d 544 [1st Dept 2013] [claim must be brought in action in which alleged misconduct occurred]), Gelwan does not state a claim for a violation of JudiciaryLaw§ 487. [read post]
11 Apr 2024, 9:01 pm by Vikram David Amar
Right now, Nebraska (along with Maine) does not allocate presidential electors in a winner-take-all fashion. [read post]
11 Apr 2024, 4:29 pm by Shea Denning
Notwithstanding the admonishment in Atwell that waiver is voluntary and does not apply when a defendant seeks but is denied counsel, the Moore Court employed a waiver and forfeiture analysis, concluding that the defendant both waived and forfeited the right to counsel. [read post]
11 Apr 2024, 1:30 pm by Michael Oykhman
If you can prove, using the facts and the evidence of your case, that you were not engaged in an act under s. 107(1), or that the evidence cannot place you as the perpetrator of a false statement respecting firearms act, then you may be able to defend yourself by stating that you were factually innocent. [read post]
10 Apr 2024, 3:45 pm by Jacob Fishman
Thus, although bankruptcy law in the United States does have components that may promote convergence, such as chapter 15 of the U.S. [read post]
10 Apr 2024, 2:01 pm
Everything that Judge Callahan says and does here is exactly right. [read post]
10 Apr 2024, 12:46 pm by Beth S. Lyons
  It is true that the IRMCT Statute, Article 1(5) does not confer any power to issue new indictments, thus limiting any action to those which have been already issued by the ICTR. [read post]
10 Apr 2024, 6:10 am by Richmond Cariaga
  While a private Las Cruces federal criminal defense attorney does come with a price tag, the age-old adage “you get what you pay for” does ring true. [read post]
10 Apr 2024, 5:27 am by Phil Dixon
App. 198 (Aug. 16, 2022) at n. 1 (noting the similarity in appearance and odor of hemp and marijuana). [read post]
10 Apr 2024, 4:00 am by Michael C. Dorf
By taking state law enforcement officials out of the equation, Texas sought to render a pre-enforcement lawsuit for injunctive relief impossible, because there would be no proper defendant to sue. [read post]
9 Apr 2024, 9:32 pm by Futeral & Nelson, LLC
How long does a felony stay on your record in South Carolina? [read post]
9 Apr 2024, 9:01 pm by renholding
”[10] The court found that the MPPAA does not require it to grant the motions and permit the withdrawal liability claims to be arbitrated.[11]  First, Judge Goldblatt analyzed the apparent conflict between the MPPAA and the Bankruptcy Code. [read post]
9 Apr 2024, 2:56 pm by Brian Clark
The Code does not include a global definition of “trade or business” that applies in all circumstances. [read post]
9 Apr 2024, 2:41 pm by vforberger
The fact that Uber’s business model does not require regularly scheduled work hours from its workforce does not translate into an automatic independent contractor relationship. [read post]