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17 Dec 2015, 5:00 am
 As in Zoloft, the Lipitor plaintiffs called him in to second-guess the statistical bona fides of studies involving the drug and condition (diabetes) in question. [read post]
20 Aug 2018, 3:51 am by Badrinath Srinivasan
Arguments: The appellant argued that (i) the respondent could not exercise the ROFR without participating in the bidding process and in violation of the tender conditions; (ii) there was nothing in the tribunal’s first order exempting the respondent from participating in the tender process or prohibiting the appellant from incorporating a condition to this effect in the tender document; (iii) the process of evaluation of tender and awarding of contract are commercial functions that are outside… [read post]
22 Apr 2018, 1:30 pm by Marty Lederman
  This question is increasingly arising in challenges to controversial federal executive actions, such as the Deferred Action for Parents of Americans (DAPA) in the Obama Administration; an Obama-era Department of Labor regulation that would have made millions of workers eligible for overtime pay; and the Trump Administration’s efforts to condition eligibility for certain law enforcement grants on compliance by a so-called “sanctuary city” with requests to assist federal… [read post]
12 Oct 2020, 6:30 am by Sandy Levinson
For the Balkinization Symposium on  Alexander Keyssar, Why Do We Still Have the Electoral College? [read post]
15 Apr 2014, 1:23 pm by Andrew Langille
Below is the text and video from a talk that I gave at York University on October 3, 2013, as part of a panel on the intern economy. [read post]
11 Aug 2021, 11:48 am by Rebecca Tushnet
Signed letter from Librarian of Congress wasn’t enough: very formalist. 1834 Act didn’t make written assignment mandatory, just rules for bona fide purchases. [read post]
30 Mar 2010, 2:44 pm by Law Lady
Rules of Civil Procedure -- Amendments -- General Rules of Pleading -- Verification of mortgage foreclosure complaints involving residential real property -- Forms -- Affidavit of diligent search and inquiry -- Final judgment of foreclosure -- Motion to cancel and reschedule foreclosure saleReported at 35 Fla. [read post]
  For example, if off-duty marijuana usage interferes with an individual’s ability to perform a job, conflicts with a bona fide qualification reasonably related to a person’s occupation, or violates a contractual obligation requiring abstinence from marijuana, an employer could address such circumstances without running afoul of the state’s new law. [read post]
15 Jul 2020, 1:13 pm by Paul Cowie and Brian Fong
On July 3, 2020, San Francisco enacted a temporary emergency ordinance requiring businesses with more than 100 employees to offer reemployment to employees laid off due to the COVID-19 pandemic. [read post]
11 Dec 2020, 4:44 am by Brett Holubeck
Discrimination HB 360Caption:Relating to a prohibition on certain discrimination in employment compensation.This bill bans companies from asking about wage history to prospective hires and makes it illegal to pay an employee less than an employee of the opposite sex for the same or substantially similar work unless it is based on a seniority system, merit system (meaning a system that measures earnings by production) or a bona fide factor other than sex. [read post]
24 Jun 2011, 4:00 am by Robert Tanha
Knibbs identified the following specific acts, which she alleged constituted discrimination on the basis of disability or reprisal:While she was on a medical leave recommended by her doctor (because of problems with depression, diabetes, and cholesterol, partly brought on because of her father's death), she was demoted from full-time to part-time;During her medical leave, the Respondents published confidential medical information (revealing her health problems) about her in the workplace,… [read post]
  The royalties to be paid by Lessee are: (a) on oil, [1/5th of production for the Sheppard or 1/4th of production for the Crain leases] to be delivered, free of all costs and expenses to the Lessor into the pipeline, or other receptacle to which the Lessee may connect its wells or the market value thereof, at the option of the Lessor, such value to be determined by … the gross proceeds of the sale thereof …; (b) on gas … [1/5th for the Sheppard or 1/4th for the Crain… [read post]
5 Aug 2007, 11:16 am
(c) Affirmative defenses It shall be an affirmative defense to actions under subsection (a) or (i) of this section that— (1) the payment, gift, offer, or promise of anything of value that was made, was lawful under the written laws and regulations of the foreign official’s, political party’s, party official’s, or candidate’s country; or (2) the payment, gift, offer, or promise of anything of value that was made, was a reasonable and… [read post]
5 Sep 2012, 6:01 am by Heidi Henson
The period while B was working part-time is not part of the waiting period because B was not in a class of employees eligible for coverage under the terms of the plan while working part-time, and full-time versus part-time status is a bona fide employment-based condition that is not considered to be designed to avoid compliance with the 90-day waiting period limitation. [read post]
19 Aug 2014, 8:54 am by Venkat Balasubramani
This is a lawsuit over Barnes & Noble’s alleged failure to honor its closeout advertisements for Hewlett-Packard Touchpads. [read post]
27 Apr 2018, 8:49 am by Jonathan Spontarelli
The justices said Ryan Tipple, one of the petitioners Lamborn hired to collect the required signatures to qualify, was not a bona fide resident of Colorado, which is required by election law, making the signatures invalid. [read post]
23 Jan 2011, 8:00 am by Mandelman
Thus, the Commission concludes that merely possessing a law degree or a license to practice law is not an adequate basis for exemption from the Rule… The Commission’s goal is to craft an exemption that enables attorneys to engage in the bona fide practice of law but does not create a loophole for unscrupulous attorneys who themselves engage in unfair or deceptive acts and practices in selling MARS or lend their credentials to those that do. [read post]
10 Jun 2010, 6:01 pm by Kevin Poulsen and Kim Zetter
I’m genuinely curious about details. (1:46:01 PM) Manning: i dont know… theres so many… i dont have the original material anymore (1:46:18 PM) Manning: uhmm… the Holy See and its position on the Vatican sex scandals (1:46:26 PM) Lamo: play it by ear (1:46:29 PM) Manning: the broiling one in Germany (1:47:36 PM) Manning: im sorry, there’s so many… its impossible for any one human to read all quarter-million… and not feel overwhelmed… and possibly… [read post]
4 May 2021, 7:35 am by Nicole Pottroff
SBA has been hard at work this past year updating its 8(a) Business Development Program rules and policies. [read post]