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18 Nov 2015, 12:58 pm by Andy Weisbecker
He has filed on behalf of himself, as an individual, and on behalf of all those similarly situated. [read post]
17 Nov 2015, 6:46 pm by Stephen Bilkis
A New York Divorce Lawyer said the present circumstances differ from previous factual situations where collateral estoppel has been applied in the criminal courts. [read post]
16 Nov 2015, 11:50 am by Christopher G. Ward
On the flipside, some courts can find a non-compete unenforceable as applied to a specific individual because the employer does not obtain them from similarly situated employees. [read post]
16 Nov 2015, 9:11 am by Mara Hatfield
September 27, 1994 determining that “the qualifications” of a similarly situated store owner made him “an appropriate expert witness to testify about the consuming public’s perceptions of Sam’s Wines” and citing Daubert as authority. [read post]
16 Nov 2015, 6:34 am by Joy Waltemath
He also identified two similarly situated younger coworkers who were retained despite having been the subject of multiple performance complaints or who had fewer unique skills and less experience. [read post]
16 Nov 2015, 6:30 am by Joy Waltemath
At issue in her discrimination claim was whether other similarly situated employees were treated more favorably. [read post]
15 Nov 2015, 7:54 am by Fergus Hanson
The appropriate response is similarly unclear. [read post]
14 Nov 2015, 6:00 am by Robert Kulas
Similarly, if there are pre-existing family conflicts, such as is common in situations involving blended families, additional precautions may be necessary to prevent costly legal fights. [read post]
13 Nov 2015, 5:16 pm by Whittel & Melton, LLC
In certain situations, restaurants, bars, and nightclubs have also been held accountable when they have forced their servers and employees to share tips with the restaurant, managers, or created a tip pool. [read post]
  Similarly, a partnership is an unincorporated business with multiple owners, either individuals or other businesses. [read post]
13 Nov 2015, 11:14 am by Patrick E. Knie
Allegations in the Plaintiff’s Complaint Recently, a South Carolina woman filed suit on behalf of herself and others similarly situated, seeking a declaratory judgment against the defendant insurance companies on the basis that the companies’ practices regarding medical payment coverage and personal injury protection were in violation of both the companies’ own procedures and South Carolina state law. [read post]
13 Nov 2015, 10:55 am by Patrick E. Knie
In a class action lawsuit, the plaintiff attempts to seek justice against the defendant not only on his or her own behalf, but also on behalf of those similarly situated. [read post]
13 Nov 2015, 8:39 am by Charles Scholle
Similarly, there is more limited liability to governmental entities for the roads themselves. [read post]
13 Nov 2015, 2:00 am by Brad Walz
The market approach is a comparison of similarly situated brands. [read post]
12 Nov 2015, 6:30 am by Joy Waltemath
The three former employees sued IBM on behalf of themselves and a class of similarly situated current and former employees alleging that it violated the ADEA and the NYSHRL when, in 2013, it cut its older workforce and then engaged in a nationwide advertising campaign to replace the older workers with recent college graduates. [read post]
12 Nov 2015, 1:11 am by INFORRM
The trial of the action encompassed these liability issues, leaving for a subsequent trial other issues broadly relating to damages. [read post]
10 Nov 2015, 11:33 pm by Daphne Keller
 But using this single set of rules for both situations is a drafting choice, not a necessity. [read post]
10 Nov 2015, 11:37 am by Seyfarth Shaw LLP
Much of the argument focused on whether the case should be decided, not on the application of Rule 23(b)(3) or the “similarly situated” standard for FLSA collective actions, but on the application of a 1947 Supreme Court decision, Andersen v. [read post]
9 Nov 2015, 11:51 am by Robert A. Epstein
  The study also found the existence of households with both parents working full-time “in nearly half of all two-parent families” (46% of all two-parent households have both parents working full time – an increase of 31% from 1970; similarly, the percentage of households in which mom stays home has declined from 46% to 26%). [read post]