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11 Sep 2021, 3:15 pm by Jonathan H. Adler
Under Section 6(c), OSHA may bypass notice-and-comment to adopt an ETS upon making two findings: (A) that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and (B) that such emergency standard is necessary to protect employees from such danger. [read post]
11 Sep 2021, 8:16 am by Franklin C. McRoberts
In his memorandum of law, Peter argued that he would be irreparably harmed by involuntary termination of his management and control rights, and that Section 10.1 of the Operating Agreement barred his co-members from doing so without his consent. [read post]
11 Sep 2021, 8:16 am by Franklin C. McRoberts
Wisdom Import Sales Co., L.L.C. v Labatt Brewing Co., Ltd., 339 F3d 101 [2d Cir 2003] [“bargained-for minority right to participate in corporate management has value in and of itself and a denial of that right, without more, can give rise to irreparable harm”]; Louis Foodservice Corp. v Vouyiouklis, 2002 NY Slip Op 50448 [U] [Sup Ct, Kings County 2002] [“It is well-settled that plaintiffs’ alleged harm, an opportunity for defendants to… [read post]
10 Sep 2021, 8:26 am
But more troubling, perhaps, is that it may also create a difficulty for enterprises that seek to reduce the risk of complicity by exiting, where exiting itself may produce human rights harms under the principles of UNGP ¶¶ 19 and 22-24. [read post]
10 Sep 2021, 7:33 am by Rebecca Tushnet
” “[T]he drug-deactivation market as a whole is harmed by C2R’s continued misrepresentations regarding the Rx Destroyer™ product capacity” because “when C2R advertises a product using activated carbon that does not work as represented, that casts doubt on all products using activated carbon” and “customers lose faith that any products are capable of deactivating medications as advertised. [read post]
9 Sep 2021, 2:49 pm by Kevin LaCroix
” She also reviewed the Delaware Supreme Court’s 2019 decision in Marchand v. [read post]