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18 Jul 2014, 12:59 pm by Robichaud
The appellate courts are extensively cognizant of the problems addressed by these commissions and seek to ensure we do not revisit the same problems. [read post]
15 Jul 2014, 12:07 pm
” … A public nuisance is “an unreasonable interference with a right common to the general public,” usually involving a significant interference with public health, safety, peace, comfort, or convenience…. [read post]
5 Jul 2014, 4:46 am by SHG
AT LEAST ONE-THIRD OF ALL EMPLOYEES DIRECTLY EXPERIENCE HEALTH ENDANGERING WORKPLACE BULLYING, ABUSE AND HARASSMENT DURING THEIR WORKING LIVES. [read post]
19 Jun 2014, 7:54 am by Joy Waltemath
To present a cognizable retaliation claim based on “improper quality of patient care” or practices “incompatible with a clear mandate of public policy concerning the public health,” the employee had to present authority that served as a standard for the employer’s conduct. [read post]
13 Jun 2014, 6:00 am by David Zevan
Effects differ among patients based on the state of their health and medical history. [read post]
2 Jun 2014, 4:43 am
  Louisiana joined the fray late in Sergeants Benevolent Association Health & Welfare Fund v. [read post]
1 May 2014, 4:59 am
The federal statute requires a manufacturer to pull a drug from the market (even though approved by the FDA) if it is “dangerous to health” even when used in accordance with the FDA-approved directions. [read post]
29 Apr 2014, 12:13 pm by abiinniss
 Copyright today; Perspectives on Local and International Copyright IssuesBy Abiola Inniss LLM, Ph.D. [read post]
29 Apr 2014, 12:13 pm by Abiola Inniss
Copyright    today; Perspectives on Local and International Copyright IssuesBy Abiola Inniss LLM, Ph.D. [read post]
14 Apr 2014, 3:42 am by Kevin LaCroix
  First, in reviewing social media sites, employers expose themselves to all kinds of information that cannot be legally considered in the hiring process or in employment actions, such as religion, race, gender, sexual orientation, and health status. [read post]
13 Apr 2014, 3:25 pm by Blonde Justice
I distinctly remember sitting through the first-day training on health benefits, and when we got to the part about mental health, the only coverage was for in-patient mental health treatment and in-patient drug and alcohol treatment. [read post]
It is hard to argue that the government lacks a compelling public health interest in making preventive medical services more available because—in the herculean task of transforming the provision of health care in the United States—it has grandfathered in some existing plans to protect important reliance interests and to facilitate a smoother transition to the new health care system. [read post]
8 Apr 2014, 12:18 pm by Stephen Bilkis
If the facts stated set forth any cause of action cognizable at law, the pleadings must be sustained. [read post]
31 Mar 2014, 9:01 pm by Joanna L. Grossman
It was designed to coerce employers out of the mindset that pregnant workers were not worthy of the same accommodations or benefits, or that pregnancy did not have cognizable effects on a woman’s ability to work uninterrupted. [read post]
14 Mar 2014, 8:29 am by Second Circuit Civil Rights Blog
As the trial court wrote in this case, "Under our system of jury trials, a jury's verdict has always been accorded great deference, and the court is cognizant of the extraordinary circumstances that must exist to overturn a jury's determination." [read post]
5 Mar 2014, 9:42 am by Christine Nielsen Czuprynski
After AvMed obtained a dismissal with prejudice in the District Court based on plaintiffs’ failure to allege a cognizable injury, the dismissal was appealed to the Eleventh Circuit. [read post]
So rejecting the notion that employers are burdened here would in effect reject the idea that a risk of adverse consequences constitutes a cognizable burden on religious liberty. [read post]
13 Feb 2014, 4:00 am by Nitin Pardal
Cognizant of the fact that recognizing privacy as a tort had the potential of opening floodgates of claims from individuals who were overly sensitive or unusually concerned about their privacy, the Ontario Court of Appeal held that a claim for intrusion upon seclusion would only arise if there was a deliberate and significant invasion of one's personal privacy.The Court provided examples of intrusions which would justify this threshold:Intrusion upon one's financial… [read post]
12 Feb 2014, 6:30 am by Rick Garnett
I would characterize this argument as questioning whether a risk of adverse consequences constitutes a cognizable burden on religious liberty. [read post]