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12 Jul 2012, 7:54 am
Ask yourself if the copyright owner could not be located in a bona fide diligent search, how likely are they to sue? [read post]
24 Jul 2018, 7:57 am
Por su parte, el secretario del Departamento de Salud, Rafael Rodríguez Mercado, dio la bienvenida a la nueva ley al indicar que la misma “permitirá al Gobierno seguir recuperando credibilidad a nivel federal, procesar de forma más agresiva a los que hagan mal uso de estos fondos y asegurar que los fondos asignados estén disponibles para responder mejor a las necesidades de los beneficiarios bona fide”. [read post]
12 Feb 2025, 1:20 pm
On July 10, Rite Aid Corporation and certain subsidiaries agreed to pay $101 million and up to $20 million in unsecured claims in Rite Aid’s bankruptcy to settle DOJ and whistleblower charges of failing to properly report to Medicare drug rebates it received from manufacturers, characterizing them instead as bona fide service fees. [read post]
5 Jul 2018, 7:45 am
Application of the law The Act would apply broadly to organizations under federal responsibility: Parliament, including the Senate, the House of Commons, the Library of Parliament and the Parliamentary Protective Service (with some tailoring of compliance and enforcement provisions to respect parliamentary privilege); the Government of Canada, including government departments, Crown Corporations and agencies; the federally regulated private sector, including organizations in the transportation… [read post]
8 Jul 2009, 5:17 pm
Unlawful Discriminatory Practices It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, or in the case of a fraternal corporation or association, unless based upon membership in such association or corporation, or except where based upon applicable security regulations established by the United States or the Commonwealth of Pennsylvania: * * * (i) For any person being the owner, lessee, proprietor,… [read post]
22 Sep 2007, 8:09 am
The petitioner, Emin Bilali, petitions for review of the denial of his motion for reconsideration by the Board of Immigration Appeals (BIA), contending that the BIA erred in failing to give preclusive effect to a preliminary determination by an immigration judge that his marriage was bona fide. [read post]
13 Apr 2021, 7:50 am
Georgia, 461 U.S. 660 (1983) where the Court held that in probation revocation proceedings for failure to pay a fine or restitution, fundamental fairness under a converged due process and equal protection analysis requires that the sentencing court inquire into the reasons for the failure and, in cases where the probationer is unable to pay despite bona fide efforts, consider alternate measures of punishment other than imprisonment. [read post]
25 Feb 2010, 8:08 am
Hartman Docket: 09-606 Issue: (1) Whether various provisions of the Fair Debt Collection Practices Act are unconstitutional as applied to literally true but potentially misleading representations in pleadings under the First Amendment, Fifth Amendment, and the Commerce Clause; and (2) whether evidence that a debt collector acted in good faith and reasonably under the circumstances qualifies for the FDCPA’s “bona fide error” defense. [read post]
4 Oct 2016, 7:41 am
First the loss of the colonies, and now an American manager in the Premier League. [read post]
31 Jan 2013, 4:00 am
Even when private-sector research agendas are uncovered and become the subjects of exposes in the pages of The Atlantic and the New York Times Magazine, we seem unable to come to grips in any meaningful way with their epistemological bona fides. [read post]
15 Jan 2021, 8:25 am
The Lanham Act requires “bona fide use of a trademark in the ordinary course of trade. [read post]
14 May 2016, 5:55 am
Concepts such as “suspect classifications,” which requires a court to apply strict scrutiny, “bona fide occupational qualification,” which allows an employer to discriminate notwithstanding the law, have been developed to apply Title VII. [read post]
12 Sep 2013, 4:00 am
That would be a serious matter, given how vigorously the current government makes known its doubts about the bona fides of whole groups of refugee claimants.184 Moreover, regardless of how well the transition is handled, there will inevitably be a long period of learning and adjustment for new decision makers, at both the RPD and RAD levels, and more errors will be made during that period. [read post]
12 Nov 2024, 7:28 am
Still, it is an affirmative defense that the person entered under a bona fide claim of right. [read post]
10 Jan 2011, 1:55 pm
Consequently it's utterly misleading for plaintiffs to trot out AER evidence, and then wrap them in the alleged bona fides of FDA use. [read post]
16 Jan 2013, 4:30 am
Because the cases do not proceed to court, the plaintiff only has to show a bona fide claim, much weaker than a prima facie case, to gain the accused's contact information. [read post]
20 Jan 2011, 7:27 pm
A bona fide decision of the public authority reached in this manner would satisfy the requirement of non-arbitrariness and withstand judicial scrutiny. [read post]
31 Jul 2013, 2:10 pm
McCarthy (1943), a domicile implies an actual bona fide residence of one who is in a state with the intention of remaining there permanently even though such person may, at some future time, seek a home elsewhere. [read post]
14 Nov 2022, 6:30 am
In addition, the “short slate” rule has been eliminated, and the “bona fide nominee” rule has been amended to include nominees that consent to being named in any proxy statement for the applicable shareholder meeting. [read post]
30 Oct 2012, 12:21 pm
The Thingiverse Policy also tracks part of the DMCA, which outlines the requirements for an effective take down notice.[11] Thus, Thingiverse appears paves the way for copyright owners like GW to send it a bona fide take down notice. [read post]