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28 Aug 2016, 12:53 pm by Patrick E. Knie
Motion Before the Court The city filed a motion to dismiss the plaintiff’s § 1983 action against it, arguing that violations of OSHA regulations were not cognizable in a § 1983 case and that the plaintiff had, at best, asserted a claim for mere negligence rather than a claim for an alleged violation of substantive due process. [read post]
28 Aug 2016, 12:53 pm by Patrick E. Knie
Motion Before the Court The city filed a motion to dismiss the plaintiff’s § 1983 action against it, arguing that violations of OSHA regulations were not cognizable in a § 1983 case and that the plaintiff had, at best, asserted a claim for mere negligence rather than a claim for an alleged violation of substantive due process. [read post]
17 Aug 2016, 11:22 am by Cynthia L. Hackerott
The OFCCP’s definition of “similarly situated” for the purposes of evaluating compensation differences in its new sex discrimination regulations is so broad that it provides little guidance for federal contractors and goes beyond Title VII standards, two attorneys who handle OFCCP compliance matters recently told Employment Law Daily. [read post]
5 Aug 2016, 7:06 am by Joy Waltemath
When the employee was subsequently injured while unloading cargo, he went to Kohl’s workers’ comp health care provider. [read post]
3 Aug 2016, 9:45 am by Marsha Tesar
Get the plan drafted while the senior is still fully cognizant and rational. [read post]
3 Aug 2016, 9:06 am by Jay Levine
As the FTC stated, “the disclosure of sensitive health or medical information causes additional harms that are neither economic nor physical in nature but are nonetheless real and substantial and thus cognizable under Section 5(n). [read post]
19 Jul 2016, 10:18 am by Evan J. Spelfogel
In a stock transaction on the other hand, aside from the change in ownership, there is no legally cognizable change in the business. [read post]
18 Jul 2016, 10:09 am by Christopher Hoffmann
However, if the patient is conscious and is cognizant, doctors may not perform any tests to rule out brain injuries. [read post]
16 Jul 2016, 7:03 am by Law Offices of Jeffrey S. Glassman
The trial court, in a decision later affirmed by the appellate court, decided the negligence lawsuits filed by the victims failed to state a claim because defendant did not have a legally cognizable duty to the victims. [read post]
12 Jul 2016, 9:38 am by Friedman, Rodman & Frank, P.A.
Willow Park Health Care Center is the personal representative of the estate of a woman who died while she was a patient at a long-term nursing facility operated by the defendants. [read post]
27 Jun 2016, 6:09 am
This post examines an opinion from the Supreme Court of North Carolina:  State of North Carolina v. [read post]
13 Jun 2016, 5:34 am
The Massachusetts Attorney General apparently declined even to investigate those allegations.In September, 2015, plaintiff filed a complaint against the following defendants: 1) Maura Healey (`Healey’), the Attorney General of the Commonwealth of Massachusetts, 2) Steven Hoffman (`Hoffman’), the Deputy Chief of the Medicaid Fraud Division at the Office of the Attorney General, 3) Chris Cecchini (`Cecchini’), an investigator at the Office of the Attorney General, 4) Adele Audet… [read post]
2 Jun 2016, 8:17 am by Joy Waltemath
Although affirming a district court’s grant of summary judgment to an employer in a suit brought by a blind African-American Health and Human Services employee, the D.C. [read post]
19 May 2016, 9:01 pm by Vikram David Amar
Because their votes against ratification had been unconstitutionally ignored altogether, they had suffered an injury cognizable in federal court.Coleman was explained and distinguished in 1997 in Raines v. [read post]