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15 Aug 2011, 4:03 am
The Court then analyzed the transferee's intent in connection with the affirmative defense of good faith, available under NYDCL § 278, which allows a bona fide purchaser for value who took without knowledge of the fraud to retain the challenged transfer. [read post]
15 Jul 2010, 4:23 pm
Dietary supplement marketers should nevertheless strongly consider the types of health claims that they are making, the bona fides of the substantiation they are relying upon, and when the studies are not on the exact product, being sure that they can prove that the differences in the products would not impact safety or efficacy. [read post]
26 Feb 2025, 8:04 am
To qualify for the state’s overtime pay exemption, an administrative employee must meet all of the following requirements: The employee’s primary duty involves “office or nonmanual field work directly related to management policies or general operations of his or her employer;” The employee “customarily and regularly exercises discretion and independent judgment;” The employee “regularly and directly assists an employer, or an employee employed in a… [read post]
17 May 2018, 7:45 am
Case law does not allow for a mistake-of-law defense even where the statute contains a “bona fide error” provision, which BIPA does not. [read post]
3 Nov 2014, 1:26 pm
This appears to be more like an attack on democracy by a narrow monied interest than a bona fide process for implementing the will of the people of Florida or a good-faith effort to promote a fair-minded discussion on medical cannabis. [read post]
16 May 2011, 10:03 am
But where a genuine and bona fide request is made for adjourment, instead of resorting to forfeiture of the right to cross-examine, the court may grant time by levying costs.8. [read post]
How Well-Trained Does A Drug-Sniffing Dog Need to Be Before a Positive Alert Creates Probable Cause?
26 Apr 2011, 3:02 pm
Our point is that this is a needless exercise when, as here, the dog has been certified by an organization whose bona fides are unchallenged.]The Tenth Circuit also noted that while probable cause isn’t and even shouldn’t be a numerical concept — citing some dubious scholarship along the way — even if probable cause were to be treated as a numerical concept, the evidence in that case was enough that the dog was reliable: [T]he dog’s… [read post]
23 May 2009, 3:43 am
Because AT&T's pension payments accord with a bona fide seniority system's terms, they are insulated from challenge under Title VII §703(h).o May 18, 2009 decision hereo SCOTUS docket hereo SCOTUSwiki hereo Noted here: Reuters; Connecticut Employment Law Blog; Yahoo; WAPO; Christian Science Monitor; Bloomberg; Shaw Valenza; NYTimes; FYI: Central Ohio Employment Law Update; Ross Runkel; Paul Mollica; SCOTUSblog (opinion recap);… [read post]
5 Jan 2009, 4:00 am
., 20 Misc 3d 1123(A) (Sup Ct NY County 2008), in which the court required a bona fide purpose for a controlling shareholder's dilution of the minority shareholder's interest. [read post]
6 Aug 2021, 7:16 am
The CFPB notes that the TILA and TRID requirements generally protect creditors from liability for bona fide errors and permit redisclosure after closing to correct errors. [read post]
11 Aug 2023, 11:58 am
The point of the calls was to prove the bona fides of Hunter selling influence and access to his father. [read post]
5 Jul 2017, 12:41 pm
This new law makes it unlawful for an employer to do any of the following (except when the action taken is based upon a bona fide occupational qualification): Refuse to provide a reasonable accommodation to a female employee or applicant, if requested, for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition, unless the accommodation would impose an undue hardship on the business (as discussed below); Take an adverse employment… [read post]
28 Apr 2010, 9:55 am
The U.S. citizen fiancé first files a petition with the United States Citizenship & immigration Services (USCIS) showing that there is a bona fide intention to marry (within 90 days of fiancé's entry), there are no legal impediments to marry, and that you have met in person within two years of filing the petition. [read post]
14 Mar 2013, 4:00 am
Both the Commissioner and the court found there was still a bona fide basis for an anti-competitive act even if there was only a temporary disruption of the supply of Drug (1). [read post]
26 May 2014, 6:52 am
Esos requisitos aseguran que las personas con discapacidades bona fide reciban los acomodos y que personas que no tienen discapacidades, no tomen los acomodos que no les corresponden, y que podrían darles una ventaja injusta”, expresó el fallo del Tribunal. [read post]
25 Jan 2012, 4:30 pm
This was a bona fide academic exercise of considerable intellectual merit. [read post]
1 Apr 2024, 6:34 pm
To qualify for the E-2 visa, the treaty investor must: Be a national of a country with which the United States maintains a treaty of commerce and navigation; Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and Be seeking to enter the United States solely to develop and direct the investment enterprise. [read post]
19 May 2024, 7:12 am
The first bill, the Protect Elections from Deceptive AI Act, prohibits the distribution of deceptive AI-generated audio or visual media relating to federal elections, with exceptions for use in bona fide newscasts by broadcasters and cable and satellite television providers if a disclaimer is used at the time of broadcast. [read post]
13 Dec 2010, 9:25 am
As Robb did, Montini first establishes his cred by waving his pen toward the fact that he does not like all of Thomas’s past actions (“Solid balanced journo bona fides? [read post]
1 Feb 2010, 7:25 am
Employment is like contracting in that the Court has never recognized a “diversity” rationale (nor is it likely to do so, since the key federal statute, Title VII of the 1964 Civil Rights Act, allows no “bona fide occupational qualification” for race). [read post]
