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17 Apr 2019, 4:00 am by Public Employment Law Press
In this appeal the United States Circuit Court of Appeals, Second Circuit, considered the employee's [Plaintiff] challenge to a federal district court's summarily dismissing his Title VII  complaint  "in the entirety" on the motion of his former employer [Defendant] and the lower court's dismissal of his New York City Human Rights Law"* allegations. [read post]
10 Jan 2013, 7:40 am by Bexis
One of the many methods of aggregating litigation is an action filed by a governmental unit acting as “parens patriae. [read post]
2 Jan 2014, 8:00 am by The Public Employment Law Press
” Citing United States Dept. of Defense v Federal Labor Relations Auth., 510 US 487.Rejecting the union official’s argument that the release of this information to his union is in the public interest since the union is attempting to ensure that the contractor paid appropriate wages and that the union is gathering necessary data should an underpaid employee desire its representation under Labor Law § 220-g, the Appellate Division said that the redacted payroll… [read post]
7 Jul 2011, 3:47 pm by Josh Blackman
The majority,which opened the opinion with this graphic recitation of facts, may view the emphasized portion about waiting a few more months differently: Petitioner Humberto Leal Garcia (Leal) is a Mexican national who has lived in the United States since before the age of two. [read post]
4 Jun 2013, 12:50 pm by John Elwood
Perry and United States v. [read post]
30 Mar 2011, 8:13 am by Christa Culver
United StatesDocket: 10-439Issue(s): (1) Whether the Federal Rules of Evidence and 28 U.S.C. [read post]
28 Aug 2013, 7:02 am by Deborah A. Roy
Roy is a Trial Attorney, Antitrust Division, United States Department of Justice. [read post]
24 Mar 2019, 11:14 pm by JP Sarmiento
Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. [read post]
26 Oct 2023, 9:05 pm by Noah Brown
The proposed rule would clarify that permit applicants must have a degree in the field for which they are seeking employment in the United States. [read post]
27 Jan 2011, 2:46 am by John L. Welch
” The TDRA does not define the term “mark,” and so the Board looked to Section 45 of the Act for its meaning of “mark,” concluding that it must “at least recognize the possibility that, in an unusual case, activity outside the United States related to a mark could potentially result in the mark becoming well-known within the United States, even without any form of activity in the United States. [read post]
2 Sep 2013, 11:14 am
United States v Harper, Department of Revenue of Montana v Kurth Ranch, Cordero v Lalor, and United States v Ursery settled that a sanction in a "civil" or non-criminal proceeding may constitute punishment for double jeopardy purposes. [read post]
26 Jun 2015, 1:08 pm by John Elwood
United States, 14-602, was not so lucky. [read post]
10 Sep 2014, 11:06 pm by Jeff Gamso
 And yet I took the job.And swore the oath set forth in 28 USC § 453.Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, XXX XXX, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as XXX under the… [read post]
3 Dec 2016, 8:49 pm by Cymie Payne
After the treaties were abrogated by the United States, 9 smaller reservations remain, located in North Dakota and South Dakota, including those of the three petitioners. [read post]
25 Apr 2018, 11:01 am by Chimène Keitner
” Because the plaintiffs/petitioners had “made other allegations that might affect the extraterritoriality inquiry in this case,” the United States argued in favor of remand to the Second Circuit to determine whether the domestic nexus was, in fact, sufficient to support ATS jurisdiction under Kiobel. [read post]
6 Jul 2010, 12:00 am by Sex Offender Issues
In 2007, United States Postal Service (USPS) investigators discovered that Reed, a 34-year USPS employee, was regularly using his work computer to search for and view child pornography. [read post]