Search for: "United States Court of Appeals,third Circuit"
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3 Apr 2023, 10:16 am
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the National Labor Relations Act (“NLRA”) by (1) prohibiting employees from contacting the media in accordance with an overbroad confidentiality policy, and (2) its CEO, Elon Musk, tweeting the following to his 22… [read post]
3 Apr 2023, 10:16 am
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the National Labor Relations Act (“NLRA”) by (1) prohibiting employees from contacting the media in accordance with an overbroad confidentiality policy, and (2) its CEO, Elon Musk, tweeting the following to his 22… [read post]
30 Mar 2023, 3:54 pm
It is unclear whether the plaintiff states will appeal this ruling. [read post]
30 Mar 2023, 3:54 pm
It is unclear whether the plaintiff states will appeal this ruling. [read post]
30 Mar 2023, 2:06 pm
While the court is required to view all reasonable inferences in favor of the nonmovant, the Fourth Circuit Court of Appeals has long reasoned "permissible inferences must still be within the range of probability. [read post]
30 Mar 2023, 12:27 pm
United States, Hanna and the firms argued that the IRS is required to notify them and that the summonses should therefore be quashed. [read post]
30 Mar 2023, 8:55 am
Tonja Jacobi (Emory University School of Law) & Riley Clafton (United States Court of Appeals for the Ninth Circuit) have posted The Law of Disposable Children: Interrogations in Schools (Forthcoming, Alabama Law Review, Vol. 75, 2024) on SSRN. [read post]
29 Mar 2023, 4:20 pm
Howard Johnson Franchise Sys., Inc., 954 F.2d 645 (11th Cir. 1992), the United States Court of Appeals for the Eleventh Circuit explained that, “where two or more documents are executed by the same parties, at or near the same time and concerning the same transaction or subject matter, the documents are generally construed together as a single contract. [read post]
29 Mar 2023, 7:00 am
Here's the abstract:Upon finding that a government program is unconstitutional, courts in the United States sometimes allow executive officials a grace period to wind it down rather than insisting on its immediate cessation. [read post]
28 Mar 2023, 11:11 am
Court of Appeals for the 9th Circuit in Ip v. [read post]
28 Mar 2023, 5:00 am
Transit relied upon a previous decision out of the Third Circuit Court of Appeals which had previously held that N.J. [read post]
27 Mar 2023, 12:30 pm
, the United States Court of Appeals for the Third Circuit addressed whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the “strong public policy” of the state whose law is displaced by the clause. [read post]
27 Mar 2023, 12:30 pm
, the United States Court of Appeals for the Third Circuit addressed whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the “strong public policy” of the state whose law is displaced by the clause. [read post]
27 Mar 2023, 10:25 am
Court of Appeals for the 2nd Circuit, in rejecting Samia’s appeal, suggested that the trial court should consider only the confession itself: “[A] court views the redacted statement ‘separate and apart from any other evidence admitted at trial. [read post]
27 Mar 2023, 5:26 am
Bielski, Case No. 22-105 (oral argument Mar. 21, 2023, in the Supreme Court of the United States). [read post]
26 Mar 2023, 5:00 pm
Bielski, Case No. 22-105 (oral argument Mar. 21, 2023, in the Supreme Court of the United States). [read post]
24 Mar 2023, 3:00 pm
Circuit Court of Appeals earlier this week, including an almost unprecedented overnight briefing schedule. [read post]
24 Mar 2023, 2:16 pm
” The United States Court of Appeals for the Third Circuit, which hears appeals from the Federal trial courts in New Jersey, Pennsylvania, Delaware, and the United States Virgin Islands, recently examined the professional employee exemption in the case of Stephanie Higgins v. [read post]
24 Mar 2023, 10:20 am
Court of Appeals for the 9th Circuit held that Section 1324(a)(1)(iv) violates the First Amendment. [read post]
23 Mar 2023, 7:15 am
By Alison Silveira and Kerry Friedrichs Seyfarth Synopsis: Last week, the United States Court of Appeals for the Third Circuit held that employers can deduct from an employee’s PTO bank for failure to meet clearly defined productivity minimums without violating the salary basis test and jeopardizing the employee’s exempt status. [read post]
