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16 Aug 2013, 7:30 am
” Though we at Brilliant & Neiman LLC only handle workers’ compensation cases, and partner with other similarly superb attorneys to handle third party aspects faced by our clients, we do come across these situations in our practice. [read post]
15 Aug 2013, 1:28 pm by Stephen Bilkis
Similarly, in the case now before this court, the state of mind of the defendant, as he grabbed the complainant's change purse, is an issue of fact for the jury to decide. [read post]
15 Aug 2013, 6:30 am by Dan Ernst
The case involved a policy under which immigration officials tested the blood of Chinese people immigrating as children of U.S. citizens to determine whether they were related to their claimed parents, but not the blood of similarly situated members of other races. [read post]
14 Aug 2013, 9:01 pm by Neil H. Buchanan
After the IRS’s error was reported, I wrote Verdict columns on May 23 and June 20, describing why the situation was a non-scandal, and lamenting the political overreaction. [read post]
14 Aug 2013, 1:33 pm by Greg Mersol
  Finding a lack of similarly situated claims and difficulties with resolving the case on a class-wide basis under Dukes, the court denied conditional certification. [read post]
14 Aug 2013, 8:04 am by Robert A. Epstein
  With the laws rapidly changing, many attorneys and courts are “learning as they go”, almost counting on each other to advise what the relevant law and procedure is in a given situation. [read post]
13 Aug 2013, 8:13 am by Beth Graham
Finally, the court turned to the class action waiver included in the parties’ mediation agreement, Although the Court concludes that the contractual limitations period does not bar Mazurkiewicz from pursuing ADA and FLSA claims for individual relief, the contractual waiver on his ability to serve as a representative party for others similarly situated does not affect his substantive rights and is thus enforceable. [read post]
12 Aug 2013, 9:47 pm by Kelly Phillips Erb
” Many chimed in similarly, saying that they might have gone back to school or tried for management positions. [read post]
12 Aug 2013, 9:24 am by Thompson & Knight LLP
  Facing potentially-large verdicts from Claimants and similarly-situated plaintiffs, Dow retained Kenneth Feinberg & Associates (“Feinberg”) with an eye to negotiating a “mini-global” settlement with all opt-out plaintiffs. [read post]
9 Aug 2013, 12:04 pm by Guest Blogger
Therefore, if governments want to stay in power, they cannot allow this situation to continue. [read post]
9 Aug 2013, 6:39 am by Joy Waltemath
” The applicant filed her lawsuit on behalf of herself and a similarly situated class of “[a]ll individuals who are not of South Asian descent who applied for and were denied a job at Infosys in the United States from January 1, 2009, through the date of final judgment in this action. [read post]
8 Aug 2013, 10:57 am by Patrick Kang
Similarly, the legal system can also be intimidating and difficult to understand. [read post]
8 Aug 2013, 8:30 am by Joy Waltemath
Similarly, Cohen said that what struck him as very different in this particular case, as alleged, was the EEOC’s “aggressiveness in the manner in which it attempted to make contact with potential class members. [read post]
8 Aug 2013, 7:40 am by Shamnad Basheer
Similarly, the Supreme Court ought to have heard the Union of India and other interested parties such as political groups who will be directly affected by this judgment. [read post]
  This test was considered in the House of Lords in British Coal Corporation v Smith and others [1996] ICR 515. [read post]
5 Aug 2013, 4:05 pm by Stephen Bilkis
The defendant has not shown that his sentence was disproportionate to the sentences imposed upon other similarly situated defendants. [read post]
4 Aug 2013, 9:06 pm by Seyfarth Shaw LLP
To support the motion for class certification, plaintiffs identified five “common” questions, asking whether: (1) Wal-Mart’s “tap on the shoulder” system for making promotions into Management Trainee and Support Manager positions had an adverse impact on women; (2) a core group of high-level managers engaged in a pattern or practice of intentionally denying women equal opportunity to receive promotions into management trainee and support/area manager positions; (3)… [read post]
4 Aug 2013, 9:01 pm by Neil H. Buchanan
  Small-bore innovation is rewarded, mostly because it simply allows other scholars to start from a similarly narrow set of assumptions in assessing the younger scholar’s work. [read post]