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11 May 2015, 9:30 am by Marsha Tesar
There are many family dynamics at play when these types of planning conversations arise, so you need to be cognizant of patterns and relationships. [read post]
10 May 2015, 5:48 pm by WOLFGANG DEMINO
NEWEST ADDITION TO HECHT COURT'S IMMUNITY JURIS(MAL)PRUDENCE:    DRUNK DRIVER IMMUNITY    Here is yet another example of the Texas Supreme Court's penchant for creating and invoking immunity theories to deny plaintiffs their day in court against a party that caused injury, and thereby preventing a trial on the merits and recovery of damages from the tortfeasor proven to have committed the tort. [read post]
5 May 2015, 1:55 pm by Alan Friel
This is particularly the case for sensitive (sexual orientation, health status) and historically protected (race, gender) classes. [read post]
4 May 2015, 7:18 am
While income is the primary basis, the court may also consider a number of other circumstantial factors in creating an order that addresses the needs of the child while remaining cognizant of the parents' needs and resources.Substantial ChangeAn order for child support can only remain appropriate as long as the factors on which it was established remain roughly the same. [read post]
4 May 2015, 7:18 am
While income is the primary basis, the court may also consider a number of other circumstantial factors in creating an order that addresses the needs of the child while remaining cognizant of the parents' needs and resources.Substantial ChangeAn order for child support can only remain appropriate as long as the factors on which it was established remain roughly the same. [read post]
22 Mar 2015, 3:07 pm by Cynthia Marcotte Stamer
ACA’s prohibition against employer payment of individual health insurance policy premiums is only one of an ever-growing list of ACA and other federal health plan rules that employers and other group health plan sponsors and their plans must meet. [read post]
27 Feb 2015, 4:58 am
            The next day, we tried to understand how the class—which admittedly included members without cognizable antitrust injuries—could have been certified and that certification could have been affirmed. [read post]
27 Feb 2015, 4:34 am by SHG
Some of them are awaiting trial for nonviolent offenses, others have mental health needs. [read post]
22 Feb 2015, 6:20 am by Mark S. Humphreys
During the 1997-1998 policy year, over ninety customers contracted Hepatitis A at the Kloesels' restaurant; the Texas Department of Health concluded that this likely resulted from a food handler being infected with Hepatitis A. [read post]
11 Feb 2015, 12:16 pm by LTA-Editor
State legislatures must be cognizant of those interests when dealing with these issues. [read post]
18 Jan 2015, 2:53 pm by New Hampshire Employment Law Letter
Department of Health and Human Services (HHS) is making the requirement known with a new website from the Office of Women’s Health. [read post]
7 Jan 2015, 9:10 am by Roger Clegg
The question presented in this case is: “Are disparate-impact claims cognizable under the Fair Housing Act? [read post]
7 Jan 2015, 7:08 am by John Paul Schnapper-Casteras
This still-pervasive residential segregation imposes a wide array of socioeconomic harms, including in the areas of social and economic mobility, education, and public health. [read post]
6 Jan 2015, 8:30 am by Joe Rich and Thomas Silverstein
This must be considered when determining whether disparate impact claims are cognizable under the Act. [read post]
29 Dec 2014, 5:25 pm by Chuck Cosson
  And, as courts have held, this alone is a sufficient basis for criminal sanctions on child abuse image distribution.[5]  More recently, scholars have called for expanding criminal sanctions to nonconsensual publication of adult personal, sexual images, taking clear cognizance of the harms to individual health that likely arise from such publication.[6] These sanctions are also examples of the foundational legal principle that there is no right without a remedy. [read post]
20 Dec 2014, 11:54 am
“The elements of a claim based on the federal common law of nuisance are simply that the defendant is carrying on an activity that is causing an injury or significant threat of injury to some cognizable interest of the complainant. [read post]
1 Dec 2014, 12:40 pm by Kristy Kunisaki Marino
And research has indicated that workplace bullying leads to employee turnover, decreased morale and affects the physical and mental health of victims and their families. [read post]
19 Nov 2014, 7:25 am by Frankl & Kominsky, P.A.
The applicable standard of care is “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. [read post]