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31 Jan 2014, 4:48 pm
Putting the issue of Article 78 review aside for the moment, Burnett and other claimants similarly situated, based upon the manner in which the three-pronged issues were litigated and decided before the OATH judge at the Hearing, could conceivably have the right to plead collateral estoppel as a defense to defeat the civil forfeiture action. [read post]
31 Jan 2014, 3:55 pm
Among other issues, Moore believed her sister had been defrauded out of some real property she owned. [read post]
31 Jan 2014, 6:20 am
Consequently, he failed to show they were similarly situated. [read post]
31 Jan 2014, 1:00 am
Or when you start talking about your rights in the situation? [read post]
29 Jan 2014, 2:41 pm
” The proposal has been enacted in Kansas and Oklahoma, and has been proposed in many other states. [read post]
29 Jan 2014, 9:50 am
Which means the grandparents still get to apply for visitation here (which is what the Court of Appeals holds), and only means that similarly-situated grandparents might get to do the same in other situations as well pursuant to the Equal Protection Clause.In the end, I just don't get why the statutory exception here matters. [read post]
29 Jan 2014, 3:13 am
Public interest groups such as PubPat, EFF, and others have shown their strength in the intellectual property law sphere and this is an important case from that regard. [read post]
28 Jan 2014, 2:53 pm
There are a number of situations in which you may want actions to either be taken or not be taken. [read post]
28 Jan 2014, 6:01 am
After the termination of his employment, Cunningham filed an action in state court alleging that Leslie’s Poolmart failed to properly pay him and similarly situated employees overtime compensation. [read post]
27 Jan 2014, 8:34 am
The audience members are not similarly situated comparators.Sex in the workplace is frowned upon, to say the least. [read post]
26 Jan 2014, 10:03 pm
For the most part, people who benefit from cottage food laws are producers who sell at farmers markets, farm stands, or other direct-to-consumer situations. [read post]
24 Jan 2014, 7:46 am
To force the government to produce statistics and other information about its prosecution decisions, the defendant must produce "some" evidence in support of both prongs of the selective prosecution test — that is, some evidence that others similarly situated are not being prosecuted, and some evidence of improper motive. [read post]
23 Jan 2014, 4:00 am
A statutory will is needed to prevent money inherited from one side of the family from going to the other side on intestacy. [read post]
23 Jan 2014, 4:00 am
Maybe...To prevail on a claim of disparate treatment, a plaintiff must show that his employer treated other similarly-situated employees outside of his protected class more favorably.The plaintiff here alleged that his employer did not fire another white EMT who allegedly struck a patient. [read post]
22 Jan 2014, 7:01 am
“We disagree because there is more than enough overlap to conclude the employees identified here were similarly situated. [read post]
21 Jan 2014, 9:02 pm
The default life support situation in most people’s imaginations, in other words, may be one in which the patient is not pregnant and is therefore making a decision that is distinct from the decision of a pregnant woman. [read post]
21 Jan 2014, 11:56 am
Department of Justice and Securities and Exchange Commission involving the Foreign Corrupt Practices Act (FCPA), where the government has branched out from investigations of a single company to identify problems with similarly situated companies in the same industry. [read post]
21 Jan 2014, 4:00 am
Having a strong personality fill the role of news anchor in-house would assist with a very real branding challenge that most firms face – distinguishing the firm from its similarly-situated competitors in a crowded market. [read post]
20 Jan 2014, 8:02 am
Obama begins the speech by situating his discussion of the NSA controversies against the activities of the Sons of Liberty and Paul Revere in Boston in revolutionary times. [read post]
17 Jan 2014, 9:06 pm
Dividing time on the other side will be Paul M. [read post]
