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26 Jun 2015, 8:41 am by Damon W. Silver
  Noting that the “mere increased risk of identity theft or identify fraud alone does not constitute a cognizable injury[,] unless the harm alleged is certainly impending,” the Court dismissed the suit in its entirety. [read post]
16 Jun 2020, 9:43 am by Lori Armstrong Halber and Leora Grushka
Employers must be cognizant of how to recognize this type of harassment, regardless of whether it occurs in the workplace or by electronic means, and to take the same course of action toward the alleged harasser that it would take if the employee(s) were in the workplace. [read post]
4 Sep 2008, 5:52 am
Health, 275 F.3d 156, 167 (2d Cir.2001)); Watchtower Bible & Tract Soc'y of New York, Inc. v. [read post]
29 Apr 2010, 5:30 am
Finally, the First Circuit stated that reviewing the complaint alone is not normally a suitable occasion for determining whether the plaintiff has sufficiently defined a cognizable class; it has to be done at the class certification stage. [read post]
3 Jun 2022, 8:46 am by admin
Cognizant of the CDLE’s position before and during the course of the Nieto litigation, many employers (and their counsel) revised handbooks and policies to remove any form of “use-it-or-lose-it” policies. [read post]
8 Apr 2013, 8:42 am by Lebowitz & Mzhen
Whether one is a pedestrian for economic reasons, health purposes, or just plain enjoyment, it is important that everyone who travels on-foot does so with safety foremost in their mind. [read post]
9 Jul 2007, 6:37 am
Simplifying a bit: a scientist who had worked with Mayr brought a derivative of MVA 572 to the National Institutes of Health (NIH) with him, and at his request, Mayr sent samples of the original to the NIH in 1995 and 2001. [read post]
27 Oct 2009, 12:53 pm by RiskMetrics Group Blog Team
The new bulletin acknowledges that the staff has “become increasingly cognizant that the adequacy of risk management and oversight can have major consequences for a company and its shareholders. [read post]
27 Oct 2017, 6:44 am by Daniel Benge
Producers must remain cognizant of the fact that this leaves little time to work through a substantive amount of material, particularly in the case of 2 act musicals. [read post]
26 Jul 2021, 12:49 pm by Brian
Nursing home staff members are fully knowledgeable on how to treat bedsores before they cause serious health problems. [read post]
25 Feb 2022, 6:12 am by Thaddeus Hoffmeister
Downs was conducted in person but, because of COVID public health precautions, there were no observers inside the courtroom. [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]
23 Jun 2015, 7:26 am by Nathaniel M. Glasser and Adam Solander
Regarding the Confidentiality of Medical Information Act claim, the court found sufficient the allegations that Sony failed to maintain the confidentiality of the plaintiff’s medical information, which Sony has admitted included HIPAA-protected health information, and failed to institute reasonable safeguards to protect that information from unauthorized use. [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]
20 Apr 2009, 6:47 am
  He contends in his new book "Life Without Lawyers" that a fear of litigation has stricken many of America's industries, including both health care and education, paralyzing doctors and teachers, among others. [read post]
20 Apr 2010, 6:04 am by Russell Jackson
The court dismissed the complaint pursuant to Rule 12(b)(6) for failure to plead a cognizable claim. [read post]
4 Sep 2008, 5:52 am
Health, 275 F.3d 156, 167 (2d Cir.2001)); Watchtower Bible & Tract Soc'y of New York, Inc. v. [read post]
8 Jul 2008, 8:06 am
" Nevertheless, there were subsequent emails between the parties during the month of March, including one from Unitrin's general adjuster to the Van Ackers, dated March 10, 2006 (after the date of the expiration of the extension), which indicated that he had had a "health issue" arise, and that he been unable to finish looking over some paperwork. [read post]