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6 Jun 2023, 5:16 am
The term “third party” is defined as: (A) … any person or entity, including a covered entity, that— (i) collects, processes, or transfers covered data that the person or entity did not collect directly from the individual linked or linkable to such covered data; and (ii) is not a service provider with respect to such data; and (B) does not include a person or entity that collects covered data from another entity if the 2 entities are related by common ownership or… [read post]
29 Aug 2023, 10:05 am
Subject to possible application of the unusual circumstances exception (CEQA Guidelines, § 15300.2(c)), the CEQA Guidelines contain relevant categorical exemptions for: (1) projects to maintain or repair existing facilities, including highways and streets, that “involve negligible or no expansion of . . . use” (§ 15301(c)); (2) projects for “minor public or private alterations in the condition of land . . . [read post]
9 Jul 2022, 11:48 am
Mozilla won on Section 230(c)(1) grounds for Intango’s tort claims and won on the merits with respect to Intango’s claims for breach of Mozilla’s distribution agreement, which had a provision saying that Mozilla could unilaterally terminate add-ons in its sole discretion. * Great Northern Insurance Co. [read post]
30 Sep 2024, 9:55 am
September 25, 2024In a family offense proceeding, the fact that some of the alleged conduct occurred years earlier is not dispositive, as “the issue is the imminence of the danger and not the age of the threat” However, the frequency and age of the alleged conduct is relevant in assessing whether there is “a pattern of imminent and ongoing danger to the” petitioner In Matter of Boltz v Geraci, --- N.Y.S.3d ----, 2024 WL 4229688, 2024 N.Y. [read post]
11 Jun 2024, 6:00 am
The programs were created to address the inability of older and low-income individuals to purchase private health insurance. [read post]
24 May 2007, 10:40 am
§505/10b(1).A quick and dirty inquiry turned up the following examples of similar statutes: Alabama §8-19-4(c) ("co [read post]
5 May 2015, 3:26 pm
Even though M.G.L. c. 118E, s. 48 provides that the Director of the Board of Hearings “shall be responsible …for the training of referees,” it is unknown to the elder law bar whether such training has occurred regarding the details of federal Medicaid trust law, so hearing officers at the Board of Hearings may have been and may still be susceptible to being misled by the MassHealth Essay. [read post]
5 May 2015, 3:26 pm
Even though M.G.L. c. 118E, s. 48 provides that the Director of the Board of Hearings “shall be responsible …for the training of referees,” it is unknown to the elder law bar whether such training has occurred regarding the details of federal Medicaid trust law, so hearing officers at the Board of Hearings may have been and may still be susceptible to being misled by the MassHealth Essay. [read post]
27 Jul 2023, 6:28 pm
Whether section 16 of the Kenyan Work Injury Benefits Act 2016 (“WIBA”) ousts the jurisdiction of courts in claims arising from an occupational accident or disease causing disablement or death in the course of work; 3 c. [read post]
18 Jul 2011, 6:00 am
” Cuomo has advocated the codification of the model based on his written agreements with insurance companies. [read post]
28 Jul 2023, 2:45 pm
Texas’s new Business Courts will have jurisdiction over the following kinds of cases if the amount in controversy exceeds $10 million: Actions arising out of a “qualified transaction,” which typically refers to transactions including loans with a value exceeding $10 million; Actions that arise out of a contract or commercial transaction in which the parties agreed in the contract that the Business Court has jurisdiction of the action (not including an action that arises out… [read post]
29 Dec 2010, 10:04 am
Gaitis, C. von Kann, R. [read post]
16 Jul 2012, 3:49 pm
The report considers the 173 tax expenditures in four groups based on prevalance of proposals for repeal and limitation and administrative feasibility: (a) itemized and above-the-line deductions, non retirement fringes and small credits; (b) investment and retirement income (items that favor saving by individuals); (c) child, work-related, and social security benefits ("provisions that primarily help low-income households, families with children, and low-to… [read post]
22 Jan 2010, 8:01 am
(I would assume that its preferred solution would be closer to (a) impose fairly modest but theatrical populist taxes on bank bonuses (b) not actually rein in the financial services sector save in cosmetic ways (c) preserve some kind of direct conduit for rent-seeking in the form of GSEs like Fannie and Freddie to funnel public money and take in campaign contributions and (d) continue to get financial services industry donations in large amounts.) [read post]
21 Jul 2020, 11:51 am
This means poor pregnant people who are covered by Medicaid have to pay out of pocket for abortion care in most states B. [read post]
9 Feb 2009, 5:34 pm
(b) It is unlawful for any person to violate any restriction imposed by this section after a dog has been declared a vicious dog by order of the municipal court. [read post]
26 Aug 2012, 12:57 pm
You have to do something special to exclude the supplemental HVAC unit from the property owner’s insurance policy. [read post]
6 Nov 2014, 3:15 pm
(Majority opinion at p. 37) The majority opinion refuses to question whether under the Affordable Care Act it acts as a substantial burden on an individual’s religious beliefs to require a corporation that you own to provide insurance coverage for contraception, under circumstances where that insurance may or may not actually lead to the use of contraception at the choice of the female employees. [read post]
7 Oct 2013, 11:23 am
A proper analysis of the propriety of expert testimony therefore involves inquiry into the relationship among: (a) the subject of the expert's testimony; (b) the issue presented to the jury; and (c) the information possessed by the average juror. [read post]
22 Jan 2014, 4:58 am
(These were: “the pregnancy services center (a) offers pregnancy testing and/or pregnancy diagnosis; (b) has staff or volunteers who wear medical attire or uniforms; (c) contains one or more examination tables; (d) contains a private or semi-private room or area containing medical supplies and/or medical instruments; (e) has staff or volunteers who collect health insurance information from clients; and (f) is located on the same premises as a licensed medical… [read post]
