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19 Dec 2017, 3:08 pm by Marty Lederman
  Most of those hypos, however, described conduct that the Colorado public accommodations law does not prohibit, and others are not likely to result in many, if any, actual cases (such as Justice Alito’s example of a discriminatory refusal by a company that ghost-writes wedding vows). [read post]
18 Dec 2017, 4:07 pm by Danielle Garcia
Traditionally, when a union prepares a petition with a proposed unit of employees to vote on whether they will be represented by the union, the Board would make the determination of whether the employees listed on the petition (the “petitioned-for unit”) is appropriate, or whether the proposed unit should be expanded to allow other similarly situated employees the opportunity to vote on union representation as well. [read post]
17 Dec 2017, 3:28 pm by Wolfgang Demino
 But the debt in Maddenneither involved a promissory note (never mind a negotiable one), nor even  a signed loan contract in any other shape or form. [read post]
16 Dec 2017, 8:50 am
The United States is one of the world’s richest, most powerful and technologically innovative countries; but neither its wealth nor its power nor its technology is being harnessed to address the situation in which 40 million people continue to live in poverty.4. [read post]
15 Dec 2017, 2:29 pm by Matthew Vance
  Similarly, occupants of motor vehicles within travel lanes or intersections are prohibited from engaging in physical interactions or exchanges with pedestrians unless an emergency situation makes the interactions or exchanges necessary. [read post]
15 Dec 2017, 10:32 am by Eugene Volokh
On information and belief, Adina A. was ultimately able to speak with an assistant athletic director from Mayer and explain the situation. [read post]
15 Dec 2017, 9:17 am
The market approach compares the business to other, similarly situated enterprises. [read post]
15 Dec 2017, 9:17 am
The market approach compares the business to other, similarly situated enterprises. [read post]
15 Dec 2017, 8:20 am by Law Offices of Jeffrey S. Glassman
Unlike compensatory damages, which are designed to make the plaintiff whole again, punitive damages are designed not only to punish the defendant, but to also send a message that society will not tolerate this type of conduct in the future from that defendant and other similarly situated defendants. [read post]
14 Dec 2017, 8:30 am by Chris Mirasola
The defense’s cross-examination of Perkins similarly focused on establishing whether she interacted with the CIA, used CIA documents, asked or knew about al-Hawsawi’s treatment by the CIA, or would have been motivated to learn about his past detention. [read post]
14 Dec 2017, 8:21 am by Mark Young and Joseph Jones
”  Similarly, consents based on a more implied form of action by the data subject — such as ignoring a pre-ticked opt-in box — will have to be renewed. [read post]
13 Dec 2017, 4:04 pm by INFORRM
During oral argument in Carpenter, several other Justices seemed to allude to a property- based approach. [read post]
13 Dec 2017, 9:23 am by Robert Whitman
Indeed, any plaintiff may merely allege that a claim is being brought “on behalf of all others similarly situated. [read post]
12 Dec 2017, 9:57 am by Wolfgang Demino
   Table of Contents and Excerpt from Rzeslawski's article on the implications of Madden v Midland for post-crash consumer remedies against predatory lending that occurred years earlier  786 F.3d 246 (2015)Saliha MADDEN, on behalf of herself and all others similarly situated, Plaintiff-Appellant,v.MIDLAND FUNDING, LLC, Midland Credit Management, Inc., Defendants-Appellees.No. 14-2131-cv.United States Court of Appeals, Second… [read post]
12 Dec 2017, 9:57 am by Wolfgang Demino
Midland Funding, LLC, 786 F.3d 246, 247-48 (2d Cir.2015) (applying pre-Dodd-Frank case law to claims arising prior to July 21, 2011).786 F.3d 246 (2015)Saliha MADDEN, on behalf of herself and all others similarly situated, Plaintiff-Appellant,v.MIDLAND FUNDING, LLC, Midland Credit Management, Inc., Defendants-Appellees.No. 14-2131-cv.United States Court of Appeals, Second Circuit.Argued: March 19, 2015.Decided: May 22, 2015.247Daniel Adam Schlanger, Schlanger &… [read post]
11 Dec 2017, 8:26 am by Brad Kuhn
  Similarly, acquiring property before securing environmental approvals of the public project could jeopardize funding for the project from federal agencies. [read post]
11 Dec 2017, 2:19 am by Eleonora Rosati
”In the case of the InfoSoc Directive (as well as the Term Directive, with specific regard to photographs) this might mean that, similarly to what is instead expressly stated Software Directive, the concept of author implies that this is a human being. [read post]
8 Dec 2017, 10:58 am by Joel R. Brandes
The second type of cases are those at the other end of the spectrum, “in which the risk of harm is clearly grave, such as where there is credible evidence of sexual abuse, other similarly grave physical or psychological abuse, death threats, or serious neglect. [read post]
8 Dec 2017, 8:12 am by Mark Tabakman
   The Judge ruled that there was insufficient evidence to show that the workers were similarly situated. [read post]
7 Dec 2017, 6:03 pm by Eugene Volokh
Similarly, Section 8.8 of Delaware’s Department of Agriculture (“DOA”) Hunting Rules and Regulations provides: Target shooting is prohibited. [read post]