Search for: "Matter of Rules Adoption"
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2 Apr 2010, 4:38 am
We here at NL pride ourselves on providing comprehensive coverage of housing law (or, at least as comprehensive as six people who do this in their spare time can be) and that includes updates on leasehold property related matters. [read post]
16 Mar 2014, 6:07 pm
In addition to bringing its policies and practices up to date with OCR regulations in effect at the time of the breach that resulted in the Resolution Agreement, the Health Department also will have to update its policies and practices to meet changes to OCR’s HIPAA rules that have taken effect since the breach under the revised rules published by OCR in its Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health… [read post]
31 Dec 2011, 12:22 pm
Caution to the wise: the ABA ethics rules adopted by the large majority of states allow some advertising, but always check the rules before engaging in any "sales efforts. [read post]
25 Mar 2011, 1:20 pm
I think the court erred, for reasons I discuss in item 3 below, but I think the matter is more complex than some suggest. [read post]
4 Jun 2011, 4:13 pm
Under the Act, rulings of law are reviewed de novo, and findings of fact are reviewed for substantial evidence. [read post]
10 Nov 2021, 12:48 pm
" (Knoll and Mason wrote an amicus brief, urging analysis that the Court then adopted.) [read post]
24 Jan 2011, 11:25 am
In that case, the United States Supreme Court dealt with the status of twin babies who were born out of wedlock to parents who both were enrolled members of the Mississippi Band of Choctaw Indians (Tribe) as well as residents and domiciliaries of the Choctaw Reservation.[16] On January 10, 1986, the twins’ mother deliberately gave birth to the twins in a county some 200 miles from the reservation and executed a consent-to-adoption form in that same county.[17] The… [read post]
10 Feb 2017, 10:03 am
The CBA requires that disciplinary matters be resolved through the CBA’s grievance-arbitration procedure. [read post]
24 Feb 2014, 7:46 am
Accepting the inevitable, they argue that even if the Court affirms in Octane – adopting some kind of objective baselessness standard – the Court should adopt abuse-of-discretion review, drawing that standard from earlier cases assessing the standard for reviewing fee awards under the Equal Access to Justice Act (EAJA) and Rule 11. [read post]
5 Apr 2024, 8:05 am
City of New London and the Limits of Eminent Domain, I identified at least five different approaches to this issue adopted by state and lower federal courts since Kelo (see also this article). [read post]
14 Oct 2014, 4:24 am
Either we will limp along with a special rule for video games despite the Supreme Court’s holding in Brown, or the Court will have to take a right of publicity case and explain what it meant in Zacchini. [read post]
3 Jul 2012, 8:47 am
Weintraub interprets a Supreme Court ruling, Garcetti v. [read post]
29 Mar 2010, 7:19 pm
Therefore, the patents at issue directed to “isolated DNA” containing sequences found in nature are unsustainable as a matter of law and are deemed unpatentable subject matter under 35 U.S.C. [read post]
1 Oct 2009, 12:19 pm
In this case, the issue of claim construction was close and Abbott's proposed interpretation for the claims, although eventually not adopted, was reasonable and based upon the specification and prosecution history of the ‘775 patent. [read post]
26 Jan 2015, 7:43 am
Home Depot U.S.A., Inc., the Hawaii high court declined to adopt a standard under which virtually any conceivable set of facts could support an adverse employment decision. [read post]
3 Oct 2014, 6:27 am
An employer acted unlawfully under the NLRA when, because of their union affiliation, it refused to hire six employees of a predecessor after successfully bidding for a janitorial service contract, ruled a divided NLRB in a 3-2 decision. [read post]
22 Jun 2018, 7:34 am
The Supreme Court was right to say that in settings such as this, expenses do matter. [read post]
18 Dec 2017, 7:13 am
The ALJ applied the standard adopted in Browning-Ferris Industries of California, Inc. dba BFI Newby Island Recyclery. [read post]
18 Mar 2019, 7:56 am
Nathan Dane's influential 1823 General Abridgment and Digest of American Law similarly treated the Bill of Rights as providing that "the jury in criminal matters must be unanimous. [read post]
15 Feb 2012, 1:11 pm
In so ruling, the Court covered, in great detail, the analysis adopted by the Third Circuit Court of Appeals in addressing whether or not federal courts should entertain declaratory judgment issues. [read post]
