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1 Jul 2024, 10:50 am
Late last week, the Massachusetts Appeals Court affirmed the trial court’s decision citing the “totality of the circumstances” test set forth in Jinks v. [read post]
1 Jul 2024, 10:28 am
Under the DOL’s rules, to qualify for an EAP exemption, an employee must generally satisfy a three-part test: their primary duty must be the performance of exempt work; they must be paid on a salary basis; and their salary level must exceed a minimum threshold. [read post]
1 Jul 2024, 10:27 am
The merger review regime was also substantially overhauled, eliminating the efficiency defence, introducing market share presumptions and a more restrictive remedial test for restoring competition. [read post]
1 Jul 2024, 8:00 am
The parties or the court will select a few cases to go forward as bellwether trials, which are essentially test cases to see how the juries react to certain aspects of the case. [read post]
1 Jul 2024, 6:26 am
Rather than the “intermediate scrutiny” test that most lower courts had followed, the Supreme Court instructed that regulations burdening the Second Amendment’s right to bear arms were presumptively invalid and could be sustained only if historical analogues existed at or near the time of ratification, because that would show that the original public understanding of the Second Amendment, and the nation’s history and tradition of gun regulations, was consistent with… [read post]
1 Jul 2024, 5:11 am
The 1984 precedent, commonly known as Chevron, set out a two-step test for courts when reviewing an agency’s ambiguous law. [read post]
1 Jul 2024, 5:01 am
The remaining six portfolios are shared among smaller parties. [read post]
1 Jul 2024, 4:39 am
” Section 209 was put to an unusual test in a federal court lawsuit brought by the alleged victim of identity theft. [read post]
1 Jul 2024, 12:11 am
Causation: For negligence to be proven, two types of causation must be established: “cause in fact,” also known as the “but-for” test, and proximate (or legal) cause, which includes the element of foreseeability. [read post]
30 Jun 2024, 11:18 am
If the FTT did indeed intend to apply a test of objective reasonableness then in my judgment it reached the wrong outcome. [read post]
30 Jun 2024, 8:23 am
The state AG argued that the law requires age authentication using driver’s licenses or third-party authentication software, not credit cards as permitted in COPA. [read post]
30 Jun 2024, 7:51 am
The parties were allowed to modify this parenting schedule by written agreement. [read post]
30 Jun 2024, 4:00 am
There is no single test or measure for determining whether a particular act has broken the chain of causation. [read post]
30 Jun 2024, 3:00 am
For years, calling January 6 an “insurrection” has been a litmus test for press, pundits and politicians. [read post]
29 Jun 2024, 7:51 am
This included top management’s lack of communication of zero tolerance for corruption, as well as inadequate third-party assessments and follow-up of when corruption was reported.Like the Mativ determination, here the object was to compel a desired set of internal governance measures to be adopted by the company, as a condition of remaining in the investment universe of the PFG. [read post]
29 Jun 2024, 5:42 am
On July 2, 2020, a week after he had reported his symptoms to his supervisor, decedent tested positive for a COVID-19 infection. [read post]
29 Jun 2024, 4:34 am
Sullivan (1963), which held that “Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors. [read post]
28 Jun 2024, 10:19 pm
The post Coconut Grove Townhouse Dispute Tests Real Estate Contract Law appeared first on Perez Mayoral, P.A.. [read post]
28 Jun 2024, 7:02 pm
These conditions could include requiring the offending parent to attend anger management classes, undergo drug or alcohol testing, or participate in counseling. [read post]
28 Jun 2024, 12:34 pm
To be sure, the Court’s general deregulatory agenda will guide how it applies the “arbitrary and capricious/abuse of discretion” test just as it will guide how the interprets statutes. [read post]
