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The concept is that creditors that receive more than similarly situated creditors by extracting unusual pre-bankruptcy payments from the struggling debtor should have to give the money back so that it can be shared equally with their peers. [read post]
16 Mar 2011, 8:56 pm by Seyfarth Shaw LLP
The Court trimmed the lawsuit's scope on the grounds that there was no class representative who was similarly-situated to the purported Latino class members, and thus that aspect of the class failed for lack of standing of a viable named Plaintiff to champion their cause. [read post]
18 Aug 2011, 1:49 am by Lawrence Solum
Imposing liability for negligence in these situations resembles strict liability. [read post]
12 Jun 2012, 7:41 am by Seyfarth Shaw LLP
Taken together, that plaintiffs claimed that their decisions demonstrate that Wal-Mart’s “de facto unwritten policy was one of discrimination” — a policy supported by statistical analyses showing that women in the California Regions have been paid less on average than similarly-situated men. [read post]
16 Sep 2009, 10:28 am
" I don't know the financial status of Jeanette and her husband, Allen Presley, resulting from Jeannette's inability to work and her extraordinary medical expenses; assuming a similarly situated couple would experience financial problems as a result, this case is a perfect example where pre-settlement lawsuit funding could help avoid the pressure of accepting an early settlement that offers too little. [read post]
23 Oct 2016, 6:25 pm by Patricia Salkin
” The court next rejected their equal protection claim on the grounds that the Ethertons’ Complaint did not contain sufficient allegations that the comparators, the Owenses, were similarly situated. [read post]
26 Jul 2018, 12:30 pm by Scott H. Kimpel
For awards of at least $100 million, the proposed amendments would authorize the SEC in its discretion to adjust the award percentage so that it would yield a payout (subject to the 10 percent statutory minimum) that does not exceed an amount that is reasonably necessary to reward the whistleblower and to incentivize other similarly situated whistleblowers. [read post]
2 Dec 2016, 7:17 am by Joy Waltemath
Once his supervisor learned of his transgender status, he was allegedly reprimanded for things that others were not. [read post]
21 Dec 2017, 6:33 am by Jeff Nowak
  Here, we provided practical tips to address these situations before they spiral out of control. [read post]
19 Aug 2014, 6:47 pm by Patricia Salkin
In analyzing the Equal Protection claim, the Court found that the complaint sufficiently alleged that the Plaintiff’s property was treated differently than similarly situated properties. [read post]
19 Sep 2018, 4:49 pm by Patricia Salkin
The district court found that Cooper Carwash was not similarly situated, and, even if it was, the City had a rational basis for the differential treatment. [read post]
12 Aug 2011, 11:50 am by Sean Wajert
Plaintiffs are seeking to represent similarly situated persons in a class action. [read post]
7 Aug 2023, 10:20 am by Kirk A. Hornbeck and Brandon Marvisi
  As a condition of employment, the plaintiff was required to sign an arbitration agreement that also waived his right to bring a representative PAGA action on behalf of himself or others similarly situated. [read post]
16 Mar 2012, 3:31 pm
Readers may recall that the Court held that landowners own the groundwater under their land, thus treating groundwater similarly to subterranean minerals, such as oil and gas. [read post]
11 Oct 2019, 5:30 am by Nassiri Law
It serves not only as a penalty but a deterrent – for the defendant and others similarly situated – from committing such acts in the future. [read post]
3 Dec 2019, 3:37 pm by Jacob Sapochnick
Our office is preparing to deal with this ongoing situation. [read post]
3 May 2019, 5:55 am by Patricia Salkin
Lastly, while the trial court recognized that the city treated Lorain Fulton less favorably than Hansa Haus, a similarly situated business, trial court concluded that no partial regulatory taking had occurred as Lorain Fulton suffered only a relatively small diminution from their expected profit, and realized a significant gain, given the purchase price. [read post]
30 Aug 2006, 1:56 pm
Extradition is conducted on a dual-criminality basis, which will mean that South Africa must have domestic laws that are similar to wire fraud and that penalize placing misbranded drugs into commerce.[7]The documents which the United States submits for its request must contain either of the following things: a certificate which conforms to a template set out in the Annex to the treaty; orthe signature and seal of office of: the head of a South African diplomatic or consular mission, or a… [read post]
23 Mar 2022, 6:20 am by Olivia Lynch
  Each of these FAR clauses will add new grounds for a socioeconomic status protest based on an allegation that a contractor is unduly reliant on a small, non-similarly situated entity subcontractor or if such subcontractor performs the primary and vital requirements of the contract. [read post]
16 Nov 2011, 4:01 am by Benjamin Wittes
Finally, the MCA provided Hamdan fewer substantive rights and procedural protections in his criminal trial than would be afforded to a similarly situated U.S. citizen facing the same charges. [read post]