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15 Feb 2019, 6:57 am by Rebecca Tushnet
  It is a use in commerce, but to extend counterfeiting this far would risk turning all infringement claims into counterfeiting claims, with their harsher penalties.http://tushnet.blogspot.com/feeds/posts/default? [read post]
11 Jun 2021, 4:00 am by Public Employment Law Press
The Employer's resolution pursuant to which Plaintiff claimed a right of indemnification stated, in pertinent part, that the Employer "agrees at its sole cost and expense to indemnify and hold harmless the members, officers and employees of [the Employer] from all costs and liabilities of every kind and nature as provided in the by-laws" with respect to the individual's "acting [o]n behalf of [the Employer]. [read post]
11 Jun 2021, 4:00 am by Public Employment Law Press
The Employer's resolution pursuant to which Plaintiff claimed a right of indemnification stated, in pertinent part, that the Employer "agrees at its sole cost and expense to indemnify and hold harmless the members, officers and employees of [the Employer] from all costs and liabilities of every kind and nature as provided in the by-laws" with respect to the individual's "acting [o]n behalf of [the Employer]. [read post]
8 May 2014, 3:08 pm
He opined that plaintiff can perform all activities of daily living, including employment. [read post]
7 Jul 2023, 4:00 am by Howard Friedman
The court said in part:The ministerial exception ... does not categorically preclude all claims brought against a religious institution. ... [read post]
11 Jun 2021, 4:00 am by Public Employment Law Press
The Employer's resolution pursuant to which Plaintiff claimed a right of indemnification stated, in pertinent part, that the Employer "agrees at its sole cost and expense to indemnify and hold harmless the members, officers and employees of [the Employer] from all costs and liabilities of every kind and nature as provided in the by-laws" with respect to the individual's "acting [o]n behalf of [the Employer]. [read post]
19 Dec 2018, 8:21 am by Second Circuit Civil Rights Blog
Under the but-for test, the plaintiff has to show the retaliatory intent by itself made a difference, even if it was not the sole cause.What it means for Miller is that, after all this time, this case proceeded in the district court under a liability standard that the Supreme Court has since repudiated. [read post]
1 Mar 2016, 5:00 am by Daniel E. Cummins
   The court noted that the IME doctor did state, at the conclusion of his report, that all his opinions were rendered within a reasonable degree of medical certainty. [read post]
4 Aug 2023, 5:30 am by Public Employment Law Press
Further, the Appellate Division opined that a probationary teacher "may be terminated during his or her probationary period for any reason, or no reason at all, and without a hearing, unless the teacher establishes that his or her employment was terminated for a constitutionally impermissible purpose, in violation of a statutory proscription, or in bad faith. [read post]
11 Jun 2021, 4:00 am by Public Employment Law Press
The Employer's resolution pursuant to which Plaintiff claimed a right of indemnification stated, in pertinent part, that the Employer "agrees at its sole cost and expense to indemnify and hold harmless the members, officers and employees of [the Employer] from all costs and liabilities of every kind and nature as provided in the by-laws" with respect to the individual's "acting [o]n behalf of [the Employer]. [read post]
25 Apr 2014, 6:30 am by Daniel E. Cummins
R.C.P. 1030(a), which rule mandates that all affirmative defenses, including the statute of limitations, must be pleaded in a responsive pleading under the heading “New Matter. [read post]
3 Apr 2010, 8:13 am by Moseley Collins
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.) [read post]
30 Apr 2010, 8:16 am by Moseley Collins
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) [read post]
20 Aug 2019, 3:26 am by Patricia Salkin
As a result, Plaintiff was issued four municipal court citations for violating the ordinance. a criminal trial was held, and Plaintiff was convicted of all four citations and was fined $400 plus costs for each case. [read post]
18 Jul 2007, 6:00 am
Plaintiffs, however, allege sufficient factual support for all of their other claims. [read post]
5 Jan 2012, 9:14 am by Steven G. Pearl
Plaintiffs moved for class certification, and the trial court certified a class of “all non-management California employees classified as exempt by [defendants] who were employed as claims handlers and/or performed claims-handling activities. [read post]