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26 Aug 2024, 10:00 pm
A recent ruling by the US Court of Appeals for the Third Circuit serves provides a valuable reminder for multiemployer pension funds and contributing employers regarding ERISA’s withdrawal liability notice and demand requirements. [read post]
26 Aug 2024, 9:47 pm
The New Zealand Court of Appeal (NZCA) dismissed an appeal from Uber on Monday by reaffirming the Employment Court’s (EC) finding that four drivers were considered employees of Uber. [read post]
26 Aug 2024, 3:18 pm
Due to the ambiguity surrounding what constitutes authorship, these issues have been brought to U.S. courts and agencies several times, most significantly in Thaler v. [read post]
26 Aug 2024, 2:29 pm
For three reasons, the court concludes that Plaintiffs are likely to succeed in proving this element. [read post]
26 Aug 2024, 1:40 pm
— affirming district court’s decision that DOJ performed adequate search for records concerning its termination of plaintiff as a law student intern in 2018.Holmes-Hamilton v. [read post]
26 Aug 2024, 1:30 pm
On August 23, the United States Court of Appeals for the Fifth Circuit issued its much-anticipated decision in Restaurant Law Center v. [read post]
26 Aug 2024, 12:15 pm
The Supreme Court reversed, unanimously. [read post]
26 Aug 2024, 12:06 pm
The 5th Circuit Court of Appeals tossed out the entire rule, concluding that it impermissibly focused on "the component tasks of a single occupation. [read post]
26 Aug 2024, 11:21 am
Circuit Court of Appeals’ opinion earlier this month upholding in part the U.S. [read post]
26 Aug 2024, 9:37 am
The appeals court divides the issues into “misrepresentation” claims, which Section 230 does not preempt, and “products liability” claims, which are preempted. [read post]
26 Aug 2024, 8:48 am
The purpose of the proposed amendments is to establish uniform deadlines and procedures during the complaint process by modifying the timeline for an appeal from a summary dismissal; providing a timeline to appeal a finding of the Ethics Commission to district court; describing the process the used to compute time; and clarifying terminology related to time computations. [read post]
26 Aug 2024, 8:10 am
A defendant can also appeal a judge’s finding on probable cause to a higher court. [read post]
26 Aug 2024, 7:45 am
In choosing the appropriate meaning, the contextual scene is usually of paramount importance …” Lord Steyn repeated this proposition in Arbuthnott v Fagan (Court of Appeal, 30 July 1993, unreported), observing “dictionaries never solve concrete problems of construction. [read post]
26 Aug 2024, 7:23 am
To use another analogy, if the State failed to assert facts supporting each element of the charge, the pleading could not hold water, and the court lacked authority to impose a judgment. [read post]
26 Aug 2024, 5:50 am
The court used this provision to bind a sanctioned Russian entity to an arbitration agreement, which it had breached by initiating proceedings in Russian state courts. [read post]
26 Aug 2024, 5:14 am
This brings us back to the poetry. [read post]
26 Aug 2024, 4:15 am
The Ninth Circuit let the case proceed in 2021, but that decision dealt only with “the single element of their defamation claims at issue on this appeal—the of and concerning element” of libel law; as I noted then, The court doesn’t deal with the separate question whether the label “murder” (1) should be seen as an opinion based on disclosed or widely known facts, much as saying “O.J. [read post]
26 Aug 2024, 3:30 am
Are confidentiality agreements consistently used and executed? [read post]
26 Aug 2024, 1:58 am
Judges of the Queensland Court of Appeal had this to say: “It is possible that a person with the attribute of lesbian sexual activity generally has the characteristic of being exclusively lesbian. [read post]
26 Aug 2024, 1:58 am
Judges of the Queensland Court of Appeal had this to say: “It is possible that a person with the attribute of lesbian sexual activity generally has the characteristic of being exclusively lesbian. [read post]
