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LEXIS 496, at *6.The Court noted that othersimilarly situated executive branch agencies enjoy the ability to defend their decisions on appeal, both through explicit legislative directive” and through “legislative acquiescence to custom and practice. [read post]
In other cases, mistrials occur due to a mistake during the case, such as a juror acting inappropriately. [read post]
17 Jun 2010, 11:04 am by sgp
  Regardless, the Florida Trust Code provides beneficiaries recourse in situations where the trustee of a trust is not being diligent in his duties. [read post]
19 Aug 2010, 5:30 am
Gary Macula, on behalf of himself and all others similarly situated, brought an action alleging that Lawyers Title Insurance Company had overcharged individual homeowners, including him, by charging the full price for title insurance, instead of the discounted rates as set forth in PR-9 and PR-10 of the Manual of Rates filed with the Ohio Department of Insurance. [read post]
1 Jan 2010, 5:53 am
  MLB talks between owners and the MLBPA have been similarly non-productive. [read post]
17 Jul 2008, 11:43 am
After noting that federal law does not define “similarly situated” under the FLSA, the court utilized the two-tier approach followed by most federal courts. [read post]
30 Dec 2010, 4:25 pm by James Hamilton
At a time when capital is critical in small community banks, the unintended consequence might have been to take them below tier one capital requirements and put them in a stress situation. [read post]
8 May 2017, 8:33 pm by Jon Katz
As with all other aspects of criminal defense, the criminal defense lawyer needs to respond like an eagle hawk to any effort by the prosecutor to amend the charging document. [read post]
7 Jul 2011, 4:36 am
  As to the “public policy exception, Judge DeStefano explained that although Lucia, and similarly situated teachers, have a constitutionally protected right to engage in union activity, the scope of the public policy exception is "extremely narrow … and the exercise of teachers' free assembly and speech rights are circumscribed to the extent that such exercise endangers the safety of children. [read post]
20 Aug 2007, 9:44 pm
  One can be right only with the Court, and through the Court, for the Constitution has no other way of being in the right. [read post]
1 Sep 2015, 8:04 am
On the other hand, it suggested that mere “law enforcement” action would not be enough. [read post]
13 Oct 2010, 9:13 pm by ireneolszewski
Otherwise the decision is binding only in Massachusetts, fencing out couples from other states with marriage equality. [read post]
29 Jun 2015, 11:40 am by Michael Wawszczak and Aaron Rubin
Similarly to AB 2365, the CFRA prohibits businesses from including in any form contract a provision that prohibits or restricts a person from, or imposes a penalty or fee against a person for, engaging in a “written, verbal, or pictorial review, performance assessment of, or other similar analysis of, the products, services, or conduct of a business or person which is a party to the form contract. [read post]
14 Sep 2021, 3:30 am by Eric B. Meyer
If that employer allows individuals without disabilities to continue to work remotely, then the employer should treat a similarly-situated worker with a disability the same way. [read post]
14 Oct 2021, 3:00 am by Jay Butchko
But if you were on the clock, then you will need to consider other factors to figure out whether you can receive workers’ compensation benefits. [read post]
28 Jun 2012, 4:10 pm
Other women who were similarly retaliated against for speaking out against abuse in the military have also rallied in support of the law’s passage. [read post]
3 Nov 2015, 9:38 am by David Oxenford
This will include situations where the new, repacked TV band does not have sufficient channels to accommodate all remaining TV stations, thus requiring some stations to be located in the spectrum otherwise reassigned to wireless companies. [read post]
2 Dec 2011, 4:00 am
In other instances, the financial resources do not exist for the senior to receive needed care unless they enter a long-term care facility. [read post]
25 Sep 2014, 1:35 pm by Stephen Bilkis
Supreme Court ordered disclosure of the documents and the Appellate Division affirmed, concluding that the petitioner was similarly situated to a person charged with a crime. [read post]