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3 Apr 2018, 8:00 am by David Kris, Nate Jones
Put in more neutral terms, will Trump understand and appreciate it if Bolton tries to play Dick Cheney to his George W. [read post]
2 Apr 2018, 2:37 pm by Ryan Carroll
’” Rather, Thomas noted, the FLSA and its exemptions should be construed plainly, as they are written, with no bent one way or the other (“[w]e thus have no license to give the exemption anything but a fair reading. [read post]
2 Apr 2018, 7:59 am by MBettman
., 456 N.W.2d 535, 539 (N.D. 1990) (“[W]hen a plaintiff is aware of his or her injury, but not the full extent of those injuries, a ‘discovery rule’ should not be applied to toll the statute of limitations. [read post]
2 Apr 2018, 7:37 am by Robert Liles
Jurisdiction F is comprised of Alaska, Arizona, Idaho, Montana, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming.[3] When announced, the program was touted as a way to provide long term educational benefits to Medicare providers, while also granting “immunity” from further audit of Medicare claims by both the provider’s MAC and from the Recovery Auditor (RA) contractor assigned to the provider. [read post]
2 Apr 2018, 3:50 am by Peter Mahler
There’s a lot to digest in last week’s decision by the Court of Appeals — New York’s highest court — affirming and modifying in part the intermediate appellate court’s ruling in Congel v Malfitano, a “wrongful dissolution” case I previously covered here and here, in which a minority partner in a general partnership that owns a shopping mall, whose former 3% interest had a stipulated top-line, pro rata value of $4.85 million, after… [read post]
30 Mar 2018, 4:30 pm by Jerri Lynn Ward, J.D.
The rule, Protecting Statutory Conscience Rights in Health Care; Delegations of Authority, explains that since the U.S. has a long history of providing conscience-based protections for individuals and entities with objections to certain activities based on religious belief and moral convictions, they propose to revise regulations previously promulgated to ensure that persons or entities are not subjected to certain practices or policies that violate conscience, coerce, or discriminate,… [read post]
29 Mar 2018, 4:46 pm by pscamp01
The anecdotes have all the mirth and color and crispness of a “Boy’s Diary” of fiction, They paint in the ordinary, homely pranks and adventures the various stages of boyhood of a man long a national figure. [read post]
28 Mar 2018, 3:27 am
The Board found that serial audio programs have long been "a staple of the airwaves" for decades, continuing to this day.Applicant argued that use of the term "serial" as a noun is antiquated and archaic, and that the term in modern usage is an adjective describing a characteristic of audio programs. [read post]
27 Mar 2018, 11:12 am by Daniel V. Kitzes
Calculating the correct overtime pay rate in California has long been a complicated process. [read post]
27 Mar 2018, 9:35 am by robin.hall@capstonelawyers.com
In response, class member Francesca Muller appeared through her counsel, Lawrence W. [read post]
27 Mar 2018, 4:32 am by Edith Roberts
At Politico Magazine, Richard Hasen observes that “[w]ith Benisek, the court has its last best chance to come up with a standard to police gerrymandering ahead of the 2020 Census and the redistricting that will follow. [read post]
26 Mar 2018, 7:29 pm
[W]hether or not image data is "transformed" in some way is not germane to the patentability of claim 1, because the claim is not limited to mere acquisition of image data, nor does it recite merely recognizing data within collected data sets or a mental process that "can be performed in the human mind, or by a human using a pen and paper. [read post]
26 Mar 2018, 7:29 pm
[W]hether or not image data is "transformed" in some way is not germane to the patentability of claim 1, because the claim is not limited to mere acquisition of image data, nor does it recite merely recognizing data within collected data sets or a mental process that "can be performed in the human mind, or by a human using a pen and paper. [read post]
26 Mar 2018, 4:31 am by Edith Roberts
At The National Law Review, Jay Varon and Jennifer Keas note that China Agritech “has the potential to clarify a long-standing split among the circuit courts of appeals on the propriety and wisdom of permitting class action stacking. [read post]
25 Mar 2018, 12:39 pm by Matthew D. Lee
– Wages paid to employees using virtual currency are taxable to the employee, must be reported by an employer on a Form W-2 and are subject to federal income tax withholding and payroll taxes. [read post]
22 Mar 2018, 8:04 pm by David B. Kopel
Then she moved to Washington, as a staffer first for Democratic Senator Bennett Johnston, then with Senator Russell Long, both of Louisiana. [read post]
21 Mar 2018, 4:31 pm by Ronald Mann
  But Kagan was unpersuaded: “[M]y point is not whether it should be denominated an exception or not an exception but whether this is the kind of historic, traditional, long-standing rule that we shouldn’t expect Congress to have to put in, that it just sort of goes into the doctrine because that is part of the doctrine from long, long ago. [read post]