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24 Apr 2019, 8:00 am
Section 16(b) of the Fair Labor Standards Act (FLSA) is the provision that requires those participating in a federal claim for minimum wages or overtime to opt in to the class, making Rule 23 inapplicable. [read post]
24 Apr 2019, 7:23 am
Jurisdictional Nexus A criminal offense established by act of Congress that would otherwise exceed the powers of Congress in at least one of its applications shall be construed, with respect to such applications, to extend only to offenses committed by means of at least one act or omission of any person— (a) within the District of Columbia, any territory or possession of the United States, or the special maritime and territorial jurisdiction of the United States; (b) involving the use… [read post]
24 Apr 2019, 2:50 am
B. [read post]
24 Apr 2019, 2:15 am
Section B of the Policy Statement sets out the limited updates to the materials. [read post]
24 Apr 2019, 1:30 am
After a rejection most recently by the EUIPO General Court, the matter has moved for determination by the CJEU, with the AG issuing their opinion ahead of the decision.Under Article 52(1)(b) of the Trade Mark Regulation, an application can be declared invalid if the applicant was acting in bad faith when filing the application. [read post]
24 Apr 2019, 1:30 am
After a rejection most recently by the EUIPO General Court, the matter has moved for determination by the CJEU, with the AG issuing their opinion ahead of the decision.Under Article 52(1)(b) of the Trade Mark Regulation, an application can be declared invalid if the applicant was acting in bad faith when filing the application. [read post]
23 Apr 2019, 1:58 pm
§924(e)(2)(B)(i). [read post]
23 Apr 2019, 1:29 pm
The claim in R B v Smith was based on an alleged failure by a surgeon (who performed a laparoscopic hernia repair on the appellant) to provide the appellant with sufficient information to enable her to give informed consent for the surgery which resulted in colon perforation. [read post]
23 Apr 2019, 11:06 am
Schoelen (link to bio on CAVC website) Veteran Representation at CAVC: Ken Carpenter, Carpenter Chartered (link to decisions involving Ken Carpenter on this blog) OGC Attorney at CAVC: Michele R. [read post]
23 Apr 2019, 11:06 am
Schoelen (link to bio on CAVC website) Veteran Representation at CAVC: Ken Carpenter, Carpenter Chartered (link to decisions involving Ken Carpenter on this blog) OGC Attorney at CAVC: Michele R. [read post]
23 Apr 2019, 10:49 am
and b) worth finding some adaptation (maybe just saying “Great! [read post]
23 Apr 2019, 9:25 am
The court similarly found no basis to certify the state law classes under Rule 23, finding that the same reasons demonstrated the lack of predominance and superiority under Rule 23(b)(3) and Rule (b)(2). [read post]
23 Apr 2019, 2:49 am
In a new case, Taylor v. [read post]
22 Apr 2019, 8:33 pm
Westlaw Edge Analytics was voted best new analytics product in the 2018-2019 Dewey B Strategic Hits and Misses survey of DBS readers. [read post]
22 Apr 2019, 2:02 pm
Landis & Loria B. [read post]
22 Apr 2019, 2:02 pm
Landis & Loria B. [read post]
22 Apr 2019, 12:41 pm
The playlist is mostly rock, with a heavy emphasis on psychedelia and a good shot of R&B. [read post]
22 Apr 2019, 11:51 am
B, The Hybrid Ex Parte Temporary Restraining Order In principle, even temporary restraining orders—including ones obtained ex parte—could be permissible so long as they only ban libelously repeating certain statements. [read post]
22 Apr 2019, 9:48 am
R. [read post]
22 Apr 2019, 8:22 am
If a policy amounts to indirect discrimination against group E, I do not consider that it is an answer for the policy maker to say that it has considered groups A, B, C and D. [read post]
