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20 Oct 2016, 6:26 am by Dennis Crouch
The Federal Circuit’s conclusion that Congress’s ministerial change overruled this Court’s longstanding precedent is incorrect for at least two reasons. [read post]
19 Oct 2016, 7:59 am by Cynthia L. Hackerott
All three attorneys agreed that, contrary to the EEOC’s assertion, the new data collection will not be of much use in the EEOC’s investigation of individual complaints. [read post]
18 Oct 2016, 10:25 am by Jon Sands
Martel, No. 11-99008 (10-17-16)(Berzon w/Pregerson &a Tashima; concurrence by Berzon).The Supreme Court's summary reversal of the granting of habeas relief for IAC in the sentencing phase has ramifications here. [read post]
18 Oct 2016, 7:21 am by Mitchell Stabbe
In extreme cases, the failure to police one’s marks may result in losing them entirely. [read post]
17 Oct 2016, 3:20 am by Peter Mahler
Significantly, 575’s counsel advised petitioners’ counsel that “575 . . . has no employees; has no payroll; pays no salaries; pays no workers’ compensation insurance; and, issues no W-2 forms . . . [read post]
16 Oct 2016, 4:50 am by Massachusetts Employment Law Letter
Be sure that supervisors understand that their behavior could subject them to individual liability if they engage in conduct that violates your policy. [read post]
12 Oct 2016, 12:47 pm by Dykema
CFPB opinion was authored by Circuit Judge Brett Kavanaugh, who was appointed by President George W. [read post]
10 Oct 2016, 11:20 am
             The Supreme Court went on to explain that[w]e turn first to appellant's claim regarding Rule 5.5(a). [read post]
10 Oct 2016, 10:55 am by Elena Chachko, Ashley Deeks
Article 51 letter, September 23, 2014: States must be able to defend themselves, in accordance with the inherent right of individual and collective self-defence, as reflected in Article 51 of the Charter of the United Nations, when, as is the case here, the government of the State where the threat is located is unwilling or unable to prevent the use of its territory for such attacks. [read post]
10 Oct 2016, 5:30 am by Daniel E. Cummins
" The list consisted of six conservative federal ­appeals court judges appointed by President George W. [read post]
7 Oct 2016, 6:59 am
’ In that statute, `transmit’ is defined as `to send to a specific individual known by the defendant to be a minor via electronic mail. [read post]
6 Oct 2016, 6:52 am by Brittan J. Bush
In its decision, the Third Circuit explicitly rejected the Western District’s holding in TDX Energy and stated: [W]hile decisions of federal courts are considered persuasive, especially cases concerning federal law, they are not binding on the courts of the State of Louisiana, especially on matters concerning the interpretation of state law which have been ruled upon. [read post]
6 Oct 2016, 6:52 am by Brittan J. Bush
In its decision, the Third Circuit explicitly rejected the Western District’s holding in TDX Energy and stated: [W]hile decisions of federal courts are considered persuasive, especially cases concerning federal law, they are not binding on the courts of the State of Louisiana, especially on matters concerning the interpretation of state law which have been ruled upon. [read post]
6 Oct 2016, 6:52 am by Brittan J. Bush
In its decision, the Third Circuit explicitly rejected the Western District’s holding in TDX Energy and stated: [W]hile decisions of federal courts are considered persuasive, especially cases concerning federal law, they are not binding on the courts of the State of Louisiana, especially on matters concerning the interpretation of state law which have been ruled upon. [read post]
6 Oct 2016, 6:14 am by Joy Waltemath
The DOL’s Wage and Hour Division found that the company violated the FLSA when it sold cleaning “franchises” to individuals who were—in reality—employees. [read post]
5 Oct 2016, 10:00 pm by Dan Flynn
The DeCosters, however, objected to the three-month jail terms also imposed by federal Judge Mark W. [read post]